Organizational freedom for banks: the case in support
The basis of the argument between US government regulatory agencies over whether or not to allow national bank subsidiaries to retain a non-holding company structure is really an argument over who regulates the industry. The Federal Reserve Board (FRB) has argued that risk reduction requires banking subsidiaries, which conduct activities beyond those of national banks, to be organized into holding companies under the FRB's control. The FRB's argument is faulty and is put forth as an attempt to consolidate control over the financial industry.
Publication Name: Columbia Law Review
The new American universal bank
The New Operating Subsidiary Rule promulgated in Nov 1996 by the Comptroller of the Currency promises to give banks more freedom to pursue profits while leaving Congress adequate room to oversee the industry. Banks have long been restricted in insurance and securities underwriting, but the new rules will let them expand in these areas, though questions remain regarding banks' ability to underwrite insurance, their ownership of subsidiaries, and the latter's ability to underwrite securities.
Publication Name: Harvard Law Review
"Gun-jumping" revisited: a proposal to prevent false starts in private offerings
A new rule could allow disclosures of purchase agreements for securities, which do not qualify as premature offerings for sale. The rule would specifically address Section Five of the 1933 Securities Act and declare such disclosures not offerings which Section Four would exempt from registration. This new rule is needed because no guidance exists for disclosure of offerings under Rule 144A or Regulation D, and Rule 135 does not apply.
Publication Name: Annual Institute on Securities Regulation
- Abstracts: Stricter real estate loan rules in place. Revisions to RESPA at issue; HUD's proposals on disclosure are assessed
- Abstracts: Issues facing directors in corporate groups. Directors' duties to prevent insolvent trading. Farewell to the sleeping director - the modern judicial and legislative approach to directors' duties of care, skill and diligence
- Abstracts: A challenge to shareholder supremacy in the public firm. The challenge of developing ethics programs in institutions of higher learning
- Abstracts: Convention on biological diversity draws attacks; opponents argue that treaty's provisions fail to protect U.S. rights to innovative technology
- Abstracts: 'Cheap stock' options draw SEC review: at issue: the valuation given and its effect on earnings. More courts find de facto 'franchises;' unexpected status triggers new obligations, liabilities