Financial Industry Developments

OCC Provides Additional Details to Evaluate Charter Applications From Fintech Companies

On March 15, 2017, the Office of the Comptroller of the Currency ("OCC") issued a "Draft Licensing Manual Supplement for Evaluating Charter Applications from Financial Technology Companies," which provides additional details on the evaluation of national bank charter applications from financial technology ("fintech") companies that engage in the business of banking. The supplement explains how the OCC will apply the licensing standards and requirements in existing regulations and policies to fintech companies applying for special purpose national bank charters. The supplement also describes unique factors that the agency will consider in evaluating applications from fintech companies; expectations for promoting fair access, fair treatment and financial inclusion; and the agency's approach to supervising those fintech companies that become national banks. Release. Manual Supplement.

Nationstar Mortgage to Pay $1.75 Million Penalty for HMDA Violations

On March 15, 2017, the Consumer Financial Protection Bureau ("CFPB") ordered Nationstar Mortgage LLC ("Nationstar") to pay a $1.75 million civil penalty for violating the Home Mortgage Disclosure Act ("HMDA") by consistently failing to accurately report data about mortgage transactions between 2012 through 2014. The $1.75 million civil penalty is the largest HMDA penalty imposed by the CFPB to date. The CFPB found that (1) Nationstar's HMDA compliance systems were flawed and generated mortgage lending data with significant, preventable errors; (2) Nationstar failed to maintain detailed HMDA data collection and validation procedures and failed to implement adequate compliance procedures; and (3) Nationstar failed to consistently define data among its various lines of business. In addition to the civil penalty, the CFPB ordered Nationstar to develop and implement an effective compliance management system and to review, correct and make available its corrected HMDA data from 2012-2014. Release. Full Order.

Rating Agency Developments

On March 16, 2017, DBRS issued a report entitled General Corporate Methodology. Report.

On March 16, 2017, DBRS issued a report entitled North American Single-Asset/Single-Borrower Methodology. Report.

On March 16, 2017, Fitch issued a report entitled U.S. Auto ABS Quarterly Index Report. Report.

On March 16, 2017, Moody's issued a report entitled Global Alcoholic Beverage Industry. Report.

On March 16, 2017, Moody's issued a report entitled Regulated Electric and Gas Networks. Report.

On March 15, 2017, DBRS issued a report entitled Rating North American CMBS Interest-Only Certificates. Report.

On March 10, 2017, Fitch issued a report entitled Criteria for Analyzing Large Loans in CMBS. Report.

On March 10, 2017, Fitch issued a report entitled Global Non-Bank Financial Institutions Rating Criteria. Report.

On March 10, 2017, Moody's issued a report entitled Financial Guarantors. Report.

On March 8, 2017, Fitch issued a report entitled Updated U.S. Auto Lease ABS Rating Criteria. Release.

European Financial Industry Developments

European Parliament Publishes Report on Fifth Money Laundering Directive Proposal

On March 9, 2017, the European Parliament published a report on the Fifth Money Laundering Directive (MLD5), this being the same report adopted by the Parliament's Economic and Monetary Affairs Committee (ECON), as well as Parliament's Civil Liberties, Justice and Home Affairs Committee (LIBE).

The report focuses on draft EP legislation resolutions and also contains opinions from the Committee on Legal Affairs (JURI), Development (DEVE) and International Trade (INTA).

Following publication of the report, the EP must now permit MEPs to start discussions with the European Commission and the Council to begin the process of amending and potentially implementing the directive so that it can be integrated by Member States.

EPC Publishes Updated White Paper on Mobile Payments in the SEPA

On March 7, 2017, the European Payments Council ("EPC") published version 5 of a white paper that evaluates mobile payments across Single Euro Payments Area ("SEPA"). The white paper, the result of a collaborative effort between the EPC and expert groups in the area, is designed to help evolve an integrated payment market across the SEPA. It focuses primarily on mobile remote payments and mobile proximity payments and suggests ways in which these could improve in order to further support and develop SEPA card payments and credit transfers, for businesses and consumers alike.

It is the intention of the EPC to further consult industry bodies in order to develop interoperability between different mobile payment systems, to then be used by all interested parties.

European Parliament Will Consider Money Market Fund Regulation in April 2017 Plenary Session

The European Parliament has announced that it will consider the MMF regulation during its upcoming plenary session, currently scheduled to be held April 3-6, 2017.

The MMF regulation is intended to introduce new framework requirements to more effectively regulate money market funds, as well as increase their stability and general liquidity. In particular, the regulation (introduced by the European Commission) is intended to more tightly regulate the shadow banking sector.

The plenary session will allow debate and potential amendment to the scope of the MMF regulation.