Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R- WY) introduced new proposed legislation on June 7, 2022, which would classify the vast majority of digital assets as commodities, and empower the Commodities Futures...more
6/14/2022
/ CFTC ,
Commodities ,
Cryptoassets ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Environmental Social & Governance (ESG) ,
FERC ,
FinTech ,
Infrastructure Investment and Jobs Act (IIJA) ,
Investment Contract ,
NIST ,
Proposed Legislation ,
Securities and Exchange Commission (SEC)
In an Executive Order (EO) issued March 9, 2022, President Joseph Biden set out the guiding principles for US policy on digital assets and digital asset regulation, including US policy with respect to a US Central Bank...more
During the past six months, the US Treasury, the US banking agencies, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have pursued several regulatory or enforcement initiatives...more
During the past few months, the US Treasury, the US banking agencies, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have pursued several regulatory or enforcement initiatives...more
1/21/2022
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Regulators ,
CFTC ,
Commodity Exchange Act (CEA) ,
Compliance ,
Consumer Protection Laws ,
Enforcement Authority ,
Information Reports ,
OCC ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
U.S. Treasury ,
Working Groups
Federal banking regulators have again demonstrated their focus on bank oversight and management of risk from third party relationships through a series of guidance and proposed guidance published in the third quarter of 2021....more
10/25/2021
/ Banking Regulators ,
Banking Sector ,
Community Banks ,
Compliance ,
Cybersecurity ,
FDIC ,
Federal Reserve ,
FinTech ,
Internal Controls ,
OCC ,
Partnerships ,
Popular ,
Proposed Guidance ,
Risk Management ,
Third-Party Risk
The Conference of State Bank Supervisors (CSBS) issued a proposed model money transmitter law on September 9, 2021 as part of its ongoing effort to streamline licensure, supervision and examination processes for money...more
On August 26, 2021, the Statutory Accounting Principles (E) Working Group (SAPWG) of the National Association of Insurance Commissioners (NAIC) directed a new “43R study group” to continue work on a proposed principles-based...more
New York State’s Department of Financial Services (DFS) has released a Request for Comments on a Proposed Framework for a Conditional BitLicense (Request for Comments) that DFS says will make it easier for start-ups to enter...more
7/1/2020
/ Bitcoin ,
BitLicense ,
Comment Period ,
Early Stage Companies ,
Financial Services Industry ,
Fintech Charter ,
Incubators ,
NYDFS ,
Proposed Regulation ,
Startups ,
Virtual Currency
Many insurers are reviewing the applicable legal requirements with respect to electronic signatures and records and have inquired with state insurance departments about their current practices. On March 26, 2020, the New York...more
On March 17, 2020, the Federal Deposit Insurance Corporation (FDIC) approved Square Financial Services, Inc.’s (Square Financial) and Nelnet Bank’s applications for deposit insurance, subject to several conditions. The FDIC...more
On October 23, the District Court for the Southern District of New York (SDNY) issued a final judgment setting aside in relevant part the regulation on which the Office of the Comptroller of the Currency (OCC) based its...more
After six years of deliberation, the Federal Reserve announced on Monday that it will develop a new interbank real-time gross settlement (RTGS) system. The Fed expects the system, called FedNow, to be operational in 2023 or...more
Last week, the Financial Crimes Enforcement Network (FinCEN) and its regulatory partners issued a joint statement in an effort to increase transparency around risk-focused Bank Secrecy Act/anti-money laundering supervision....more
On May 9, 2019, the Financial Crimes Enforcement Network (FinCEN) issued interpretive guidance1 summarizing the application of the Bank Secrecy Act (BSA) rules to business models “involving money transmission denominated in...more
5/21/2019
/ Bank Secrecy Act ,
Compliance ,
FinCEN ,
Initial Coin Offering (ICOs) ,
Money Laundering ,
Money Services Business ,
Money Transmitter ,
New Guidance ,
Registration Requirement ,
Suspicious Activity Reports (SARs) ,
Terrorist Financing ,
Virtual Currency
Last week, the Consumer Financial Protection Bureau (CFPB) sent letters to the CEOs of several issuers of store brand credit cards warning of fairness and transparency concerns with deferred-interest promotions. The CFPB has...more
The Office of the Comptroller of the Currency (OCC) is considering allowing financial technology (fintech) companies to be chartered as special-purpose national banks. Although the planning is still at a preliminary stage,...more
On June 30, 2016, the New York Department of Financial Services (DFS) adopted a new anti-terrorism and anti-money laundering (AML) regulation (Final Rule) that builds on federal anti-money laundering requirements to address...more
7/29/2016
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Board of Directors ,
Chief Compliance Officers ,
Corporate Officers ,
Counter-Terrorist ,
Data Security ,
Final Rules ,
Financial Institutions ,
Internal Controls ,
NYDFS ,
Office of Foreign Assets Control (OFAC) ,
Recordkeeping Requirements ,
Risk Assessment ,
Suspicious Activity Reports (SARs) ,
Transaction Monitoring
On June 3, 2016, the Board of Governors of the Federal Reserve System (FRB), approved an advance notice of proposed rulemaking (ANPR) regarding two potential regulatory capital frameworks for institutions under the FRB’s...more
6/8/2016
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Comment Period ,
Dodd-Frank ,
Federal Reserve ,
IDIs ,
Insurance Industry ,
Leverage Capital Ratio ,
Other-SIIs ,
Parent Corporation ,
Risk Capital ,
Risk-Based Approaches
At the NAIC’s tenth International Insurance Forum, Daniel K. Tarullo, a member of the Board of Governors of the Federal Reserve System (FRB), outlined the FRB’s plans for: -
..the capital and liquidity rules for...more
5/31/2016
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Capital Rules ,
Federal Reserve ,
G-SII ,
IAIS ,
Insurance Industry ,
Liquidity ,
NAIC ,
Other-SIIs ,
Risk-Based Approaches ,
Savings and Loan Companies ,
Stress Tests
On March 21, the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency (OCC), and the U.S. Department of...more
3/30/2016
/ Banking Sector ,
Cell Phones ,
Customer Identification Program (CIP) ,
FDIC ,
Federal Reserve ,
Internet ,
NCUA ,
New Guidance ,
OCC ,
Prepaid Payment Products ,
Third-Party Agents
On July 16, 2015, the agencies responsible for implementing the Volcker rule (Agencies) issued FAQ 16, which provides guidance on the circumstances under which a seed investment would not cause (i) a registered investment...more
On January 16, the Commodity Futures Trading Commission (CFTC) issued a settlement order requiring Summit Energy Services, Inc. (Summit Energy) to pay a $140,000 civil monetary penalty for acting as an unregistered commodity...more
Toward the end of 2014, the staff of the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued two letters affecting insurance-linked securitization vehicles: CFTC...more
On January 8, 2015, the U.S. Senate approved legislation, by a 93-4 vote, to reauthorize the Terrorism Risk Insurance Act (“TRIA”). The legislation, dubbed the Terrorism Risk Insurance Program Reauthorization Act of 2015 (the...more
1/12/2015
/ CFTC ,
Commodity Exchange Act (CEA) ,
Covered Entities ,
Major Swap Participants ,
Margin Requirements ,
Pending Legislation ,
Prudential Regulation Authority (PRA) ,
Swap Dealers ,
Swaps ,
Terrorism Insurance ,
TRIA
On November 24, the Commodity Futures Trading Commission’s (CFTC) Division of Clearing and Risk (DCR) issued a no-action letter to expand previously issued relief, that is available to “treasury affiliates,” from the...more