Federal Banking and Credit Laws: Core federal regulations including Truth in Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Bank Secrecy Act (BSA), USA PATRIOT Act, and Dodd-Frank Act. These govern fundamental lending practices, fair credit requirements, and banking regulations.
Federal Reserve Regulations: Specific Federal Reserve regulations, particularly Regulations U and X, which govern margin lending and borrower's purpose statements in credit transactions.
Securities Laws: Securities Act of 1933, Securities Exchange Act of 1934, and Investment Company Act of 1940. These are crucial if the facility agreement has any securities-related components.
State-Level Legislation: State-specific requirements including usury laws, lending license requirements, security interest laws, and state-specific UCC provisions. These vary by jurisdiction within the United States.
Bankruptcy Law: U.S. Bankruptcy Code provisions and UCC Article 9 (secured transactions) which are essential for understanding creditor rights and enforcement mechanisms.
Tax Legislation: Internal Revenue Code provisions and FATCA compliance requirements, particularly relevant for tax treatment of interest payments and international transactions.
Syndication Requirements: Legal framework for assignment and participation provisions, agency provisions, and voting rights if the facility is to be syndicated.
Security Requirements: UCC filing requirements, real property security requirements, and perfection requirements for secured facilities, ensuring proper documentation and registration of security interests.
