By: John E. Burrus, Esq., Bieging Shapiro & Burrus LLP
At a meeting of the Board of the Colorado Department of Human Services held on May 7, 2004, a new rule (9CCR 2504-6.90.5) was adopted, which became effective July 1, 2004, and which pertains to the treatment of levies on joint accounts by the Division [...]
By: John E. Burrus, Esq.
C.R.S. §16-3-301.1 was passed in the 2002-2003 legislative session and will have an impact on banks and other financial institutions whose customers are involved in criminal investigations. Prior to the passage of this statute, the only tool which sheriffs, police departments and other investigators had to compel production of documents [...]
BY: Julie Trent, Esq.
The following are some answers to frequently asked questions regarding the Family Medical Leave Act (“FMLA”):
Do I have to comply with FMLA if I have less than 50 employees?
No. FMLA applies only to employers with 50 or more employees. 29 C.F.R. § 825.104(a). However, you should be aware that [...]
By: I. Thomas Bieging, Esq.
What do Enron, Worldcom, Qwest and Anytown Community Bank have in common? The answer is that each can be expected to feel the impact of the Sarbanes–Oxley Act of 2002, regardless of whether it is a publicly-traded company.
Congress’s response to corporate fraud, greed, and slip-shod accounting practices was quick [...]
By: John E. Burrus, Esq.
On April 1, 2001, regulations became effective which apply to financial institutions’ consumer insurance activities. This article will outline the principal areas of coverage but should not be used as a substitute for the regulations themselves. The regulations can be found at 12 C.F.R. Part 14 (OCC); 12 C.F.R. Part [...]
By: John E. Burrus, Esq.
(Updated as of August 20, 2002)
A recent article circulated by Kansas Bankers Surety Company has prompted questions from a number of IBC members concerning a bank’s right of setoff against deposited Social Security benefits and for advice on approaches which might be taken on overdrafts by Social Security recipients.
[...]
By: John Burrus, Esq.
On July 1, 2002, several amendments to the Colorado Public Trustee’s Foreclosure Act, C.R.S. § 38-38-101, et seq., and other related laws, will become effective pursuant to Senate Bill 02-161. These amendments, as more fully explained below, contain a number of significant changes to the foreclosure process. Some of the pertinent [...]
By: John E. Burrus, Esq.
The validity and enforceability of electronic records and signatures has been the subject of recent statutory changes. The “Electronic Signatures in Global and National Commerce Act” (15 U.S.C. §7001, et seq.) was passed in 2000. The Colorado legislature, in its last session, passed the “Uniform Electronic Transactions Act” (C.R.S. §24-71.3-101, [...]
By: John Burrus, Esq.
During her two-year tenure as Colorado Secretary of State, Donetta Davidson has implemented a number of valuable on-line services to the public through its Business Division. The Secretary of State’s website may be found at www.sos.state.co.us/. From this main page, customers of the Secretary of State may do any of the [...]
By: John E. Burrus, Esq.
Most lenders are probably aware that it is risky to assume complete control of a defaulted business debtor. One of the greatest risks is the potential for the debtor’s unpaid withholding under Internal Revenue Code §6672, which imposes liability for the full amount of the withholding tax on a person [...]
