Statutes and regulations

Letter considers the permissibility of certain investment advisory and related intermediary services provided in connection with the exchange of existing investment real estate in a bank client's portfolio for "like kind" investment real estate in a tax-free exchange under the Internal Revenue Code Section 1031. Based on the Bank's representations, the letter finds that a bank, as incidental to the real estate investment advisory services, may take part in negotiating the 1031.

OCC Interpretive Letter No. 880 · Federal · Agency guidance

OCC Interpretive Letters › Letter considers the permissibility of certain investment advisory and related intermediary services provided in connection with the exchange of existing investment real estate in a bank client's portfolio for "like kind" investment real estate in a tax-free exchange under the Internal Revenue Code Section 1031. Based on the Bank's representations, the letter finds that a bank, as incidental to the real estate investment advisory services, may take part in negotiating the 1031.

Cir. 1975) (“National Courier”). 17 Id. 18 553 F.2d 224 (5th Cir. 1976), vacated in other part, 558 F.2d 729 (1977), cert. denied, 435 U.S. 904 (1978). 19 Id. at 242 (citing 12 U.S.C. § 24(Seventh)) … The promotional powers concept was further 18 developed in Alabama Ass’n of Insurance Agents v.

Limitation on Identifying Uncharged Parties Publicly

Justice Manual § 9-27.760 · Federal · Agency guidance

Agency Guidance › DOJ Justice Manual › Title 9: Criminal › 9-27.000 - Principles of Federal Prosecution › Justice Manual § 9-27.760

For example, in those cases where the offense to which a defendant is pleading guilty requires as an element that a third party have a particular status ( e.g. , 18 U.S.C. § 203(a)(2), Unlawful Compensation

Recordkeeping Requirements for Qualified Financial Contracts Final Rule

FDIC FIL-146-2008 · Federal · Agency guidance

FDIC Financial Institution Letters › Recordkeeping Requirements for Qualified Financial Contracts Final Rule

Financial Institution Letter FIL-146-2008 December 18, 2008 RECORDKEEPING REQUIREMENTS FOR QUALIFIED FINANCIAL CONTRACTS Final Rule Summary: The FDIC has issued the attached final rule (Final Rule … “QFCs” are defined as those qualified financial contracts that are defined in 12 U.S.C. 1821(e)(8)(D) to include securities contracts, commodity contracts, forward contracts, repurchase agreements,

Payment of Dividends from Funds Included in Capital Accounts (Final Policy Statement)

148 FERC ¶ 61,020 · Federal · Agency guidance

FERC Policy Statements › Payment of Dividends from Funds Included in Capital Accounts (Final Policy Statement)

Exelon Generation Company, LLC, 114 FERC ¶ 61,317 (2006). 19 16 U.S.C. § 824c(a). 20 18 C.F.R. pt. 101. 21 See supra P 6. Docket No. … Exelon Generation Company, LLC, 114 FERC ¶ 61,317 (2006). 19 16 U.S.C. § 824c(a). 20 18 C.F.R. pt. 101. 21 See supra P 6. Docket No.

No-action relief for certain Introducing Brokers from filing certified and unaudited financial statements and calculating capital under regulation 1.17.

CFTC Letter No. 13-82 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › No-action relief for certain Introducing Brokers from filing certified and unaudited financial statements and calculating capital under regulation 1.17.

market intermediaries, they are prohibited from holding customer funds and from engaging in proprietary trading, which materially minimizes the risks that IBs may present to the safety of customer funds.18 … be filed by a Foreign IB with a reporting date after December 31, 2013, must be prepared in accordance with GAAP or IFRS as issued by the IASB. 18

Interagency Policy Statement on Allowances for Credit Losses (Revised April 2023)

FDIC FIL-17-2023 · Federal · Agency guidance

FDIC Financial Institution Letters › Interagency Policy Statement on Allowances for Credit Losses (Revised April 2023)

contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C … Rules and Regulations Federal Register 25479 Vol. 88, No. 81 Thursday, April 27, 2023 1 85 FR 32991 (June 1, 2020). 2 44 U.S.C. 3501–3521.

The Gender Identity Nondiscrimination Act of 2013

DE Domestic/Foreign Bulletin No. 86 · Delaware · Agency guidance

Delaware Department of Insurance Bulletins › The Gender Identity Nondiscrimination Act of 2013

benefits thereunder on the basis of a person’s gender identity or transgender status, or because the person is undergoing gender transition: • Section 2304(22) of the Unfair Trade Practices Act, 18 … Ct. 1731 (2020), that the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. prohibits discrimination based on sexual orientation or gender

Letter confirms that a national bank may lawfully acquire and hold a ten to twenty percent non-controlling equity interest in a holding company engaged in the origination, purchase and securitization of prime auto leases.

OCC Interpretive Letter No. 898 · Federal · Agency guidance

OCC Interpretive Letters › Letter confirms that a national bank may lawfully acquire and hold a ten to twenty percent non-controlling equity interest in a holding company engaged in the origination, purchase and securitization of prime auto leases.

National banks are permitted to make various types of equity investments pursuant to 12 U.S.C. § 24(Seventh) and other statutes. … Under this method, unless the bank has guaranteed any of the liabilities of the entity or has other financial obligations to the entity, losses - 5 - See generally, Accounting Principles Board, Op. 18

Eligibility Step 2A: Whether a Claim is Directed to a Judicial Exception

MPEP § 2106.04 · Federal · Agency guidance

Agency Guidance › USPTO MPEP › Chapter 2100 - Patentability › MPEP § 2106.04

JUDICIAL EXCEPTIONS Determining that a claim falls within one of the four enumerated categories of patentable subject matter recited in 35 U.S.C. 101 (i.e., process, machine, manufacture, or composition … CLS Bank Int'l, 573 U.S. 208, 217-18, 110 USPQ2d 1976, 1981 (2014) (citing Mayo, 566 U.S. at 77-78, 101 USPQ2d at 1967-68).

AZ Regulatory Bulletin 2002-07: 2002 Arizona Insurance Laws

AZ Regulatory Bulletin 2002-07 · Arizona · Agency guidance

Arizona Department of Insurance and Financial Institutions Bulletins › AZ Regulatory Bulletin 2002-07: 2002 Arizona Insurance Laws

Regulatory Bulletin 2002-07 06/18/02 Page 18 HB2234. … State agencies; administrative procedures; rules (Ch. 334) ƒ Amends the definition of “preamble” in A.R.S. § 41-1001 to require that the preamble also include a reference to any study that is relevant

Time-Limited No-Action Relief from the Reporting of Certain Non-Reporting Counterparty Information Pursuant to Parts 45 and 46

CFTC Letter No. 12-65 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › Time-Limited No-Action Relief from the Reporting of Certain Non-Reporting Counterparty Information Pursuant to Parts 45 and 46

Market Oversight CFTC Letter No. 12-65 No-Action December 21, 2012 Division of Market Oversight Robert Pickel Chief Executive Officer International Swaps and Derivatives Association, Inc. 1001 … In accordance with 44 U.S.C.

Drew's Tire Pros (19-CA-269254)

NLRB Division of Advice Memorandum, Case No. 19-CA-269254 (Drew's Tire Pros) · Federal · Agency guidance

NLRB Division of Advice Memoranda (rolling 10-year window) › Drew's Tire Pros (19-CA-269254)

Jun. 11, 2020) (petition seeking OSHA’s issuance of safety standard protecting against COVID-19 infections). 26 29 U.S.C. 157 (West 2021); Alstate Maintenance, LLC, 367 NLRB No. 68, slip op. … (b) (6), (b) ( (b) (6), (b) (7 020) (petition seeking OSHA’s issuance of safety standard protecting against COVID-19 infections). 26 29 U.S.C. 157 (West 2021); Alstate Maintenance, LLC, 367 NLRB No

The Division of Clearing and Intermediary Oversight provided an Interpretation that a software vendor would not be an introducing broker (“IB”) as defined in Commodity Exchange Act Section 1a(23) and Commission Regula...

CFTC Letter No. 08-12 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › The Division of Clearing and Intermediary Oversight provided an Interpretation that a software vendor would not be an introducing broker (“IB”) as defined in Commodity Exchange Act Section 1a(23) and Commission Regula...

Division of Clearing and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “Commission”), as supplemented by telephone calls and email correspondence on April 18 … and facilitates the execution of commodity futures and options transactions with the customers’ FCM or IB. 1 See Section 1a(23) of the Act, 7 U.S.C

Letter approves use of an alternative approach to calculate a bank's risk-based capital requirement for certain loans to customers for the purpose of buying or carrying margin stock. Under the alternative approach, the bank would assign a 10% risk weight to the principal amount of such loans. Eligible bank margin loans must satisfy the following conditions: (1) the securities collateral of such loans are liquid and readily marketable; (2) the loans and associated collateral are marked to market daily; (3) the loans are subject to the initial margin requirements under Regulation T and daily margin maintenance requirements under NYSE Rule 431; and (4) the bank has conducted a sufficient legal review to conclude that it would be able to liquidate the collateral for the loans without undue delay, even in the event of the borrower's bankruptcy or insolvency.

OCC Interpretive Letter No. 1104 · Federal · Agency guidance

OCC Interpretive Letters › Letter approves use of an alternative approach to calculate a bank's risk-based capital requirement for certain loans to customers for the purpose of buying or carrying margin stock. Under the alternative approach, the bank would assign a 10% risk weight to the principal amount of such loans. Eligible bank margin loans must satisfy the following conditions: (1) the securities collateral of such loans are liquid and readily marketable; (2) the loans and associated collateral are marked to market daily; (3) the loans are subject to the initial margin requirements under Regulation T and daily margin maintenance requirements under NYSE Rule 431; and (4) the bank has conducted a sufficient legal review to conclude that it would be able to liquidate the collateral for the loans without undue delay, even in the event of the borrower's bankruptcy or insolvency.

O Comptroller of the Currency Administrator of National Banks Washington, DC 20219 September 18, 2008 Interpretive Letter … . § 1818 and, as such, are enforceable under 12 U.S.C. § 1818

Application and Filing for Service Members (INA 328 and 329)

USCIS Policy Manual, Vol. 12, Pt. I, Ch. 5 · Federal · Agency guidance

Agency Guidance › USCIS Policy Manual › Volume 12 - Citizenship and Naturalization › Part I - Military Members and their Families › USCIS Policy Manual, Vol. 12, Pt. I, Ch. 5

Dep’t of the Army, et al. , 1:18-cv-01551 (D.D.C. Sep. 22, 2022). … See 8 U.S.C. 1443a . [17] See 8 U.S.C. 1443a .

Marketing Guidelines Related to Certain Medicare Plans and Prescription Drug Plans

TDI Commissioner's Bulletin B-0042-10 · Texas · Agency guidance

Texas Department of Insurance Commissioner's Bulletins › Marketing Guidelines Related to Certain Medicare Plans and Prescription Drug Plans

Educational events may not include sales activities such as the distribution of marketing materials or the distribution or collection of plan applications. 18. … The Department also reminds all companies that the Guidelines and MIPPA §103(d)(1), which amends §1851(h) of the Social Security Act (42 U.S.C. 1395w-21(h)), require that Medicare Advantage organizations

Interagency Statement on Elder Financial Exploitation

SR 24-8 / CA 24-6 · Federal · Agency guidance

Federal Reserve SR/CA Letters › Interagency Statement on Elder Financial Exploitation

Part 353; 12 CFR § 21.11; 12 CFR 163.180(d); and 12 CFR 748.1(d), issued under the authority of the BSA and 12 U.S.C. 1818, 12 U.S.C. 1819, and 12 USC 1786(q). … (citing 31 U.S.C. § 5318(g)(3)). 21.

Hong Kong Futures Exchange Limited’s Request for No-Action Relief in Connection with the Offer and Sale of its Mini Futures Contracts Based on the Hang Seng Index and the Hang Seng China Enterprises Index in the Unite...

CFTC Letter No. 09-01 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › Hong Kong Futures Exchange Limited’s Request for No-Action Relief in Connection with the Offer and Sale of its Mini Futures Contracts Based on the Hang Seng Index and the Hang Seng China Enterprises Index in the Unite...

Reg. 10891 (March 18, 1996). … Reg. 19877 (April 18, 2006). 27 See 17 C.F.R. Part 30.

Definition of Child and Residence for Citizenship and Naturalization

USCIS Policy Manual, Vol. 12, Pt. H, Ch. 2 · Federal · Agency guidance

Agency Guidance › USCIS Policy Manual › Volume 12 - Citizenship and Naturalization › Part H - Children of U.S. Citizens › USCIS Policy Manual, Vol. 12, Pt. H, Ch. 2

[18] For example, the INA 320 requirements must be met before age 18, while the definition of child at INA 101(c) requires legitimation before age 16. … See 46 U.S.C. 70054(2) . See Territorial Sea of the United States, 54 FR 777, 103 Stat. 2981 (PDF) (Dec. 27, 1988). [42] This information is generally documented on a U.S.

No-action position with respect to Part 43 and Part 45 reporting, as well as related sections of Parts 38 and 39, for certain binary and bounded swaps executed on or pursuant to the rules of Bitnomial Exchange, LLC an...

CFTC Letter No. 26-01 · Federal · Agency guidance

CFTC Staff Letters (2008-present) › No-action position with respect to Part 43 and Part 45 reporting, as well as related sections of Parts 38 and 39, for certain binary and bounded swaps executed on or pursuant to the rules of Bitnomial Exchange, LLC an...

38.951 (In Part), 39.20(b)(2), Parts 43 and 45, and for Fully Collateralized Swap Contracts Traded Pursuant to the Rules of Bitnomial Exchange, LLC and Cleared by Bitnomial Clearinghouse, LLC (Dec. 18 … for interpretative, no-action and exemptive letters,” for such purposes y constitute a collection of information, as that term is defined in the Paperwork Reduction Act, 44 U.S.C. §§ 3501 et. seq.