By Porter Wright on In this blog, we have described some of the original concerns with the “high volatility commercial real estate” loan regulation as well as some suggestions for change. These rules apply to certain real estate loans for acquisition, development and construction. Recently, there have been suggestions that changes are possible regarding “high volatility commercial real estate” loans … Continue Reading
By Steven Hoying and Porter Wright on Lenders who finance commercial real estate exposures should be aware of new regulations that impose harsher capital requirements on certain “high volatility commercial real estate,” or HVCRE, exposures. In June 2013, the FDIC, OCC, and Federal Reserve jointly approved proposed rules intended to implement new international banking standards, known as the Basel III Capital Accords, … Continue Reading
By Porter Wright on Health care lenders and others evaluating or relying on the financial strength of a healthcare provider need to think about the potential recoupment and setoff of claims against Medicare/Medicaid receivables of the provider. RECOUPMENT Recoupment, which is the netting of two related claims which is the function of a single, unitary transaction between the parties, … Continue Reading
By Porter Wright on The Managed Funds Association (which represents hedge funds, commodity pool operators, and similar institutions) has recently petitioned the SEC to remove the prohibition on general solicitation and advertising for "private" (i.e., not required to be registered with the SEC) offerings. A bill to that effect has also recently passed the U.S. House of Representatives. While hedge … Continue Reading
