News & Analysis as of

Banks

Department of Justice Ends Operation Chokepoint

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) has quietly ended its four-year effort to prevent banks from providing credit and other services to certain businesses that had been deemed controversial. In an Aug. 16, 2017, letter to...more

Developments in New York and Colorado Cybersecurity Regulations

by Wilson Elser on

New York - For the first time since New York’s Cybersecurity Regulation (23 NYCRR Part 500) became effective on March 1, 2017, the Department of Financial Services (DFS) has issued Frequently Asked Questions to assist...more

Blockchain Week in Review – August 2017 #6

by Perkins Coie on

Below is a summary of some of the significant legal and regulatory actions that occurred over the past week. This alert is not intended to be a comprehensive list of all such developments, but rather a selection of...more

OCC Moves Forward With Fintech Charters, Seeks Lawsuit Dismissal

Holding the line on the future of fintech charters, Acting Comptroller Keith Noreika confirmed that the Office of the Comptroller of the Currency (OCC) will move forward with its plans to issue special purpose charters....more

Regulatory reports, reviews and initiatives

by Dentons on

The below provides a very brief and incomplete summary of government and regulatory initiatives with potential impact for the credit industry as at the date of this report....more

Key Regulatory Topics: Weekly Update - 11 August 2017 – 17 August 2017

by Allen & Overy LLP on

BREXIT - ECB interview on Brexit preparations - On 16 August, the ECB published the transcript of an interview, given by Sabine Lautenschlager, ECB Executive Board Member and Supervisory Board Vice-Chair, on the...more

The Fed's Small BHC Policy Statement—Regulatory Relief for Bank Growth and Acquisitions

by Jones Day on

The Small Bank Holding Company ("BHC") Policy Statement ("Policy Statement") was adopted by the Federal Reserve in 1980 to facilitate transfers of small banking organizations, including BHCs formed to assume individuals' bank...more

Court Enters Verdict for Bank of New York Mellon in Ohio RMBS Trustee Litigation

On August 4, 2017, Judge Steven E. Martin of the Ohio Court of Common Pleas rendered a full verdict in favor of Defendant-Trustee The Bank of New York Mellon (“BNYM“) in Western and Southern Life Insurance Company, et al. v....more

European Commission Requests Feedback on a Roadmap for Widening Access to Centralized Bank and Payment Account Registries

On August 9, 2017, the European Commission published an inception impact assessment (Ares (2017)3971182) (also called a roadmap) on access to centralized bank account registries. In the roadmap, the Commission explains...more

Senior Managers and Certification Regime Extension

by Reed Smith on

The UK Financial Conduct Authority (FCA) has published its long-awaited consultation paper on extending the senior managers and certification regime (SMCRE) to all authorised firms. A separate consultation paper has been...more

Federal Reserve and FDIC Extend Deadline for Nineteen Foreign Banks and Two Domestic Bank Holding Companies to File Living Wills

On August 8, 2017, the Federal Reserve Board and Federal Deposit Insurance Corp. extended the deadline for 19 foreign banks and two domestic bank holding companies to file their next round of “living wills” detailing how they...more

OSFI Suspends Compliance Expectations Against Use Of "Bank Words" by Credit Unions, and Solicits Consultation

by Bennett Jones LLP on

Provincially-regulated credit unions that use “bank words” to describe products or services (such as “online banking”) will be relieved to hear that the Office of the Superintendent of Financial Institutions (OSFI) has...more

Overdraft Protection Developments: Citing New Study, CFPB Issues Prototype Overdraft Disclosures

by Faegre Baker Daniels on

On August 4, 2017, the Consumer Financial Protection Bureau (CFPB) unveiled four prototype overdraft disclosure forms currently being tested to replace the existing model form. The CFPB developed the prototype forms based on...more

Volcker Rule Reform Begins

by Jones Day on

The Situation: The Volcker Rule's complexity has created uncertainty and compliance burdens that adversely affect market liquidity, risk hedging, and other economically important activities. The Opportunities: Bank...more

The “As-Is, Where-Is” Disclaimer – How Strong Is It?

by Steptoe & Johnson PLLC on

A bank is planning to sell equipment collateral – either repossessed equipment taken after a borrower’s default or leased equipment that has been returned by a lessee at the end of the lease term. [In this article, the term...more

The Latest Alleged Wells Fargo Scandal – Imposing Unnecessary Auto Insurance on 800,000 Unsuspecting Customers

by Sedgwick LLP on

On July 30, 2017, Wells Fargo & Co. customers filed a putative class action lawsuit alleging the bank forced them to pay for unnecessary auto insurance, which resulted in some members of the purported class having their...more

Financial Services Weekly News - August 2017 #2

by Goodwin on

Editor's Note - In This Issue. The Consumer Financial Protection Bureau (CFPB) released prototypes of “Know Before You Owe” overdraft disclosure forms and provided an updated rulemaking agenda for 2017; the Federal Reserve...more

DFS Provides Answers to Cybersecurity FAQs

Hoping to provide greater clarity to financial institutions subject to its new cybersecurity requirements, New York’s Department of Financial Services (DFS) published a Frequently Asked Questions (FAQ) document to assist...more

CFPB Unveils Disclosure Forms in Response to Overutilization of Overdraft Fees

by BakerHostetler on

On Aug. 4, the Consumer Financial Protection Bureau (CFPB) released the results of its study into frequent overdrafters and four overdraft disclosure model forms as part of its Know Before You Owe initiative. The CFPB...more

Proposed Fed Guidance for Bank Boards of Directors

by Sullivan & Worcester on

Yesterday the Fed published a proposed guidance document for its expectations for board of directors of banks. The release only applies to the boards of banks with over $50 billion in consolidated assets, but the intent of...more

OCC Report Highlights Top Risks for Banks

What are the top risk areas for national banks and federal savings associations? According to the Office of the Comptroller of the Currency’s (OCC) Semiannual Risk Perspective for Spring 2017, there are four: strategic,...more

Not as ‘SAFE as Houses’: A Practical Guide to Registration of PRC Cross-border Security and Guarantees with SAFE

by Reed Smith on

Readers, especially those dealing with Chinese shipyards, refund guarantors, shipowners or charterers, may be aware of the need to register certain types of cross-border security granted by entities based in the People’s...more

A New Category of Debt Securities in Belgium: Senior Non-Preferred Notes

by Jones Day on

On July 20, 2017, Belgium adopted legislation establishing a new category of debt securities available to credit institutions and investment firms ("banking institutions"). The law provides for a new Article 389/1 into the...more

Volcker Rule Developments

by Sullivan & Worcester on

At the end of last week, the Fed and the other banking agencies issued an interpretation that applied to investments in certain foreign funds by foreign banking organizations that are subject to the Volcker rule. Such banks...more

Extending the SMCR to FCA-only authorised firms: Our insights

by Allen & Overy LLP on

On 26 July 2017, the FCA published its much-anticipated consultation paper on the extension of the Senior Managers and Certification Regime (SMCR) to FCA-only authorised firms. We have set out below our initial thoughts on...more

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