Hindsight Legal Advisers’ Post

Lenders - Sharing what we hope will be a useful guide for anyone looking to understand how recent developments in treasury/cash management products can impact lenders’ security position (and what to do about it). 

In our latest handbook, we explain how Insured Cash Sweeps and Certificates of Deposit Account Registry Service are structured, explore ways in which secured transactions and creditors’ rights are implicated, and set out key considerations for lenders. #InsuredCashSweeps #CDARS #SecuredLenders #FDIC

In our latest handbook, we explain how Insured Cash Sweeps and Certificates of Deposit Account Registry Service are structured, explore ways in which secured transactions and creditors’ rights are implicated, and set out key considerations for lenders. #InsuredCashSweeps #CDARS #SecuredLenders #FDIC

In our latest handbook, we explain how Insured Cash Sweeps and Certificates of Deposit Account Registry Service are structured, explore ways in which secured transactions and creditors’ rights are implicated, and set out key considerations for lenders. #InsuredCashSweeps #CDARS #SecuredLenders #FDIC

In our latest handbook, we explain how Insured Cash Sweeps and Certificates of Deposit Account Registry Service are structured, explore ways in which secured transactions and creditors’ rights are implicated, and set out key considerations for lenders. #InsuredCashSweeps #CDARS #SecuredLenders #FDIC https://lnkd.in/dtcK9GrN

The Association of Short Term Lenders (ASTL) has joined the growing wave of voices opposing proposals by the FCA that would enable the regulator to name firms it is investigating at the outset of the investigation. As part of its recent consultation paper, CP24/2, Our Enforcement Guide and publicising enforcement investigations – a new approach, the FCA has proposed identifying firms at the outset of an investigation, using a ‘public interest’ framework, providing the firm with 24 hours’ notice that it is doing so. There has already been a significant and robust response to the proposals, with a letter signed by 16 trade associations, including UK Finance and the City of London Corporation, saying they “have an unduly negative impact on the reputation on firms”. https://lnkd.in/eJy3ayzS

Learn about the Secured Transaction Collateral Registry! Key features below 👇 #collateralregistry #BCCAR #FSC

Heard ACA aka Account Control Agreement?: Here is how it works An Account Control Agreement (ACA) in Collateral Management is a legal document that establishes the terms under which a bank, acting as a securities intermediary, will comply with the instructions of a creditor regarding a borrower’s deposit account or securities account. Here’s how it functions: Parties Involved: Typically, three parties are involved in an ACA: The borrower (who owns the account). The lender (who seeks to establish a security interest in the account), and The bank (where the account is held). Granting Control: The ACA grants the lender control over the account, which is necessary to perfect the lender’s security interest under state law. Perfection of Interest: By entering into an ACA, the lender’s security interest is perfected, meaning it is legally enforceable against third parties. Enforcement: The agreement typically stipulates that the lender can direct the bank to freeze or transfer funds from the account if the borrower defaults on the loan obligations. Operational Details: The ACA outlines operational details such as how and when the lender can provide instructions to the bank, and how the bank is to respond to those instructions. Protection for Lender: The ACA provides the lender with a level of protection by ensuring that the collateral (funds in the account) cannot be withdrawn or used by the borrower without the lender’s consent #CollateralGyan #CollateralManagement

4 Cr. fine on NBFCs? Know your rights and stand strong. We're here to guide and support you! 💪📞 #KnowYourRights #debthelp #FinancialStability #smartmoneytrading #financialfreedom #educateyourself #info #legaladvice #DebtManagement #insights #LoanSolutions #debtfreejourney #debtfreecommunity #knowledge #SolutionsForYou [ Legal support, finance, debt, cibil, score, credit, card, lawyer, panel, loan, loan service, settlement, resolution, rbi, financial freedom ]

In our latest handbook, we explain how Insured Cash Sweeps and Certificates of Deposit Account Registry Service are structured, explore ways in which secured transactions and creditors’ rights are implicated, and set out key considerations for lenders. #InsuredCashSweeps #CDARS #SecuredLenders #FDIC