HeyJaredJoseph E. Silvia
- Indexed articles, last 90 days
- 21
- Latest publication
- Sep 24, 2026
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- Aug 20, 2026
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Sole Proprietorships – Not A ‘”Company” Under Regulation W (opens the original)
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Regulation W applies to transactions between a bank and its affiliates, but the definition of “affiliate” requires that the counterparty be a “company.” This raises a fundamental question: what qualifies as a company for Regulation W purposes? The answer excludes sole proprietorships – a sole proprietorship is not a company for purposes of Regulation W. This means that even if an individual who operates a sole proprietorship also controls a bank, the sole proprietorship itself cannot be an affil
Mergers And Capital Measurement Under Reg W: Aggregating Capital Until The Next Call Report (opens the original)
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When two depository institutions merge, a practical question arises: how does the surviving bank measure its capital stock and surplus for Regulation W purposes during the gap between the merger date and the filing of the merged bank’s first consolidated Call Report? The Federal Reserve provides helpful flexibility. The surviving bank may use the aggregate capital stock and surplus of the two merging depository institutions until the merged bank files its next Call Report. This allows the merged
The Fiduciary Exemption: Holding Shares With Sole Voting Discretion (opens the original)
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Under Regulation W’s control analysis, owning shares typically implies the potential for control over the issuing company. But what if a company holds shares in a fiduciary capacity? Can it qualify for the exception from the definition of “control” even if it has sole voting discretion over those shares? The answer is yes. Unlike the analogous provision in Section 4(f)(2) of the Bank Holding Company Act, which excludes fiduciaries with sole discretionary voting power, Regulation W’s fiduciary ex
Overhauled Third-Party Risk Management Guidance: What Banks And Their Vendors Need To Do Now (opens the original)
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On September 11, 2026, the FDIC, Federal Reserve Board, OCC, and NCUA jointly proposed a package of three documents that would reshape third-party risk management (“TPRM”) oversight for banks and credit unions: (1) new interagency guidance replacing the 2023 TPRM framework, (2) a practical companion guide for community banks, and (3) a joint statement putting core service providers on notice. Comments are due November 16, 2026 — here is what your institution needs to know. The agencies acknowled
Legal Considerations In Data Center Financing: A Practical Guide (opens the original)
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The explosive growth of cloud computing, artificial intelligence, and digital infrastructure has made data center financing one of the most active — and complex — segments of the real estate and project finance markets. Whether you represent a lender, developer, or equity sponsor, here are the key legal considerations to keep in mind. Data centers present unique land use challenges. Local zoning ordinances may not contemplate data center use as a permitted category, requiring special use permits
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