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OCC and FDIC Issue Separate Guidance on Overdraft Fees

On April 26, both the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) issued separate advisories warning against the risks associated with overdraft fees, particularly...more

FDIC Vice Chair Opines on Regulatory Response to Recent Bank Failures

On April 12, at a roundtable discussion hosted by the Bipartisan Policy Center Federal Deposit Insurance Corporation (FDIC) Vice Chair Travis Hill opined that the following potential regulatory responses to the failure of...more

FDIC Publication Focuses on Key Consumer Compliance Issues Identified During 2022

On April 5, the Federal Deposit Insurance Corporation (FDIC) released its Consumer Compliance Supervisory Highlights report, providing a high-level overview of consumer compliance issues identified by the agency during 2022...more

Silvergate Capital to Liquidate, Regulators Close Signature Bank: What That Means for Other Banks With Crypto Assets

On March 8, Silvergate Capital, a leader in crypto lending, announced it was winding down its operations. FTX was one of Silvergate Capital’s biggest clients. The California-based bank is chartered under the supervision of...more

Federal Agencies Take Unprecedented Action to Strengthen Public Confidence in Banking System

On March 10, the California Department of Financial Protection and Innovation closed Silicon Valley Bank and appointed the Federal Deposit Insurance Corporation (FDIC) as its receiver. Silicon Valley Bank had 17 branches in...more

Federal Regulators Issue Statement Highlighting Liquidity Risks of Crypto-Asset Related Entities

On February 23, The Board of Governors of the Federal Reserve System (the Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, the Agencies) issued a...more

2/27/2023  /  Banks , Cryptoassets , Digital Assets , FDIC , OCC

FDIC Takes Action to Stop Cryptocurrency Companies from Making False or Misleading Representations About Deposit Insurance

On August 19, the Federal Deposit Insurance Corporation (FDIC) issued cease and desist letters to five cryptocurrency companies, demanding they refrain from making allegedly false and misleading statements about deposit...more

FDIC Requires Notice of Crypto-Related Activities

On April 7, the Federal Deposit Insurance Corporation (FDIC) released a letter, requiring all FDIC-supervised institutions that intend to engage in, or that are currently engaged in, crypto-related activities to notify its...more

FDIC Makes Bank Merger Policy a Priority This Year

On February 7, Acting Chairman Martin J. Gruenberg announced the Federal Deposit Insurance Corporation's (FDIC) priorities for 2022, including undertaking a comprehensive review of the process of considering and evaluating...more

2/16/2022  /  Bank Merger Act , Banks , FDIC , Mergers

OCC Defeats AGs’ Challenge to “Valid When Made” Rule

On February 8, a Northern District of California judge ruled on cross motions for summary judgment filed by the states of California, Illinois, and New York (plaintiffs) and the Office of the Comptroller of the Currency and...more

Stablecoins and Beyond: 2022 Digital Asset Legislation Landscape

Will 2022 be the year of comprehensive digital asset legislation in the U.S.?...more

Power Struggle at the FDIC Board Becomes Public

In a CFPB blog post from December 9, the CFPB stated that the FDIC Board of Directors (FDIC Board) had promulgated a request for information (RFI) regarding a review of the Bank Merger Act criteria for approving bank mergers...more

Think Fast: Banking Regulators Release Final Computer-Security Incident Notification Requirements

Introduction - On November 18, federal banking agencies issued the long-awaited final rule, establishing data security incident response notification requirements for “banking organizations” and “bank service providers”...more

OCC Proposes Rescission of June 2020 CRA Rulemaking and Releases FAQs

The Office of the Comptroller of the Currency (OCC) issued a proposal to rescind its June 2020 Community Reinvestment Act (CRA) rulemaking and replace it with previous rules jointly adopted by the OCC, the Federal Reserve...more

Consumer Groups and State AGs Push Regulators to Tighten Guidance on Bank Partnerships

On October 18, consumer advocate groups and 19 state attorneys general wrote comment letters, urging banking regulators to denounce “rent-a-bank” arrangements between financial institutions and fintechs or other third-party...more

Gearing Up for Climate Disclosure

Environmental, social, and governance (ESG) matters have become a focal point for investors and regulators. For financial institutions, and other companies, climate risk has become a key component, and an increasingly...more

Most De Novo Banks Will Be Formed by Payments and Fintech Companies

In the future, most de novo banks in the United States will be formed by existing payments and nonbank fintech companies that provide financial services, or groups of players in those industries that want to form a payments...more

The Federal Reserve, FDIC, and OCC Publish Proposed Interagency Guidance on Third-Party Relationships: Risk Management

The Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Department of the Treasury Office of the Comptroller of the Currency (OCC) have published proposed...more

7/30/2021  /  Banking Sector , Banks , FDIC , OCC

Congress Uses Congressional Review to Overturn OCC’s True Lender Rule

On June 24, the House of Representatives, like the Senate on May 11, voted to overturn the Office of the Comptroller of Currency’s (OCC) “True Lender Rule” that was finalized in October 2020. The Senate initiated the process...more

Q1 De Novo Bank Trends

There has been recent turmoil in the U.S. stock markets over the past few weeks as the country starts to take steps toward reopening as a result of the pandemic. However, financial institution stocks have been buoyed by...more

Trend of Fintech Companies Seeking U.S. Banking Licenses Continues

The trend of fintech companies seeking or acquiring U.S. banking licenses continues to build momentum, furthering the convergence of fintech and banking. More fintech companies are applying and being approved for banking...more

3/30/2021  /  Banking Sector , Banks , FDIC , FinTech , OCC , Popular

The FDIC’s Rapid Phased Prototyping Competition

The growing role of technology in banking cannot be overstated. Financial technology is reshaping the retail banking industry in real time — changing the way banks receive deposits, lend money, and invest. At the same time, a...more

FDIC’s Final Rule on Brokered Deposits Adds Clarity to Fintech Partnerships and Other Common Arrangements

On December 15, the Federal Deposit Insurance Corporation (FDIC) issued a final rule (Final Rule) establishing a new framework for analyzing whether bank deposits obtained through third-party arrangements are brokered...more

Proposed Rule Clarifies Role of Supervisory Guidance for Financial Institutions

On October 20, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Consumer...more

OCC Finalizes Bright-Line “True Lender” Rule

On October 27, the Office of the Comptroller of the Currency (OCC) issued its final rule on how to determine when a national bank or federal savings association (referred to collectively as a national bank) is the “true...more

10/29/2020  /  Banking Sector , FDIC , OCC , True Lender
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