A resource for credit unions in CA & NV, providing credit union financial and economic trend analysis, brought to you by your Leagues in partnership with CUNA & Affiliates.
Answers to your crucial questions can be less than one business day away. Post your question here, and a talented R&I professional will get back to you quickly! Or if you prefer, call the R&I Hotline to speak directly with our knowledgeable consultants. R&I Hotline: 877-243-5728
Continue for Ask R&I
|October 15, 2014|
|TIPs Bulletin #14-23||SB 1050—Notaries Public: Verification of Identity: New Boxed Notice Required|
|October 1, 2014|
|TIPs Bulletin #14-22||Assembly Bill 2293 – Mandates Baseline Insurance Requirements for Transportation Network Companies|
|TIPs Bulletin #14-21||California Unclaimed Property Holder Notice Reports Coming Due|
|TIPs Bulletin #14-20||Assembly Bill 2742 – Revised Model Language for California Consumer Caution and Home Ownership Counseling Notice|
|September 23, 2014|
|TIPs Bulletin #14-19||AB-1858 Change to Financing Statement|
|September 18, 2014|
|TIPs Bulletin #14-18||Reg Z and Reg M Exemption Threshold Adjustments|
Shared Compliance Services
CURoots offers a variety of services to help you keep pace with ever-changing regulatory compliance while you focus on day-to-day credit union business.
Internal Audit Services
CURoots can help your credit union identify potential issues, assess risk, and save valuable time and resources by providing expert assistance for your auditing needs.
Whether the lawsuit is by an opportunistic patent holder merely seeking a quick buck (such as patent trolls) or the lawsuit is based on legitimate infringement of a patent, such lawsuits represent a significant threat to any defendant. Patent suits are, by nature, extremely expensive and time consuming.
When the focus of the patent infringement is within a product or service provided to or on behalf of a credit union by a vendor, protecting the credit union from these and other types of lawsuits often depends on a properly drafted indemnification clause.
A credit union should obtain a copy of the proposed contract at the beginning of the due diligence/negotiation process as opposed to waiting until the business terms are agreed upon. Attorneys stress that contract terms are as equally important as the business terms and should be negotiated in unison.
A credit union should also inform vendors from the onset of the negotiation process that it expects the vendor to "stand behind" its product and/or service. This means the credit union should demand indemnification from the vendor (or its agents, employees, subcontractors) not only for patent infringement, but also copyright and trademark infringement.
Furthermore, the credit union should demand indemnification against claims made by any third party which arises due to the vendor's (or its agents, employees, subcontractors) breach of the contract, negligence, and/or willful misconduct.
Elements of a Good Clause
The key to a good, properly drafted indemnification clause is to:
Limitation of Liability
Care must be taken if the contract has a limitation of liability section. Without a "carve out" for indemnification obligations, a vendor's maximum indemnification obligation would be up to the limitation negotiated.
This could leave the credit union liable to the third-party claimants for all amounts in excess of the limitation, even though the credit union had nothing to do with the issue under which the claim was made.
Therefore, limitation of liability sections are equally important to review and negotiate, as are indemnification clauses.
Recent lawsuits serve as a reminder to credit unions of the importance of having contracts reviewed by an attorney, not only for proper indemnification clauses, but to help limit credit union liability.
'NMLS' RENEWAL PERIOD BEGINS NOV. 1
updated 10/17/14 01:01 PM
Guidance for Mortgage Loan Originators
The Nationwide Mortgage License Servicing and Registry (NMLS) annual renewal period begins Nov. 1 and ends Dec. 31, where mortgage loan originator registrants must renew their registrations annually, according to federal regulations.
FED'S UPCOMING FAIR LENDING WEBINAR
updated 10/10/14 09:09 PM
Also, Unclaimed Property Workshop
The Federal Reserve Bank of San Francisco is holding a webinar on fair lending issues and hot topics, where representatives from seven federal agencies will discuss a variety of emerging fair lending issues and hot topics.