Conflict of interest restrictions bar ARCs from bilateral acquisitions with sponsors, lenders or group entities; transparent auctions allowed. ARCs are barred from bilateral acquisition of financial assets from (i) a sponsoring bank or financial institution, (ii) a bank or financial institution that is a lender to the ARC or a subscriber to funds raised by the ARC, and (iii) any entity in the ARC's group. Despite this prohibition, ARCs may participate in auctions for financial assets if auctions are transparent, conducted on an arm's length basis, and prices are determined by market forces.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Conflict of interest restrictions bar ARCs from bilateral acquisitions with sponsors, lenders or group entities; transparent auctions allowed.
ARCs are barred from bilateral acquisition of financial assets from (i) a sponsoring bank or financial institution, (ii) a bank or financial institution that is a lender to the ARC or a subscriber to funds raised by the ARC, and (iii) any entity in the ARC's group. Despite this prohibition, ARCs may participate in auctions for financial assets if auctions are transparent, conducted on an arm's length basis, and prices are determined by market forces.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
