News & Analysis as of

Banks Licensing Rules

Sheppard Mullin Richter & Hampton LLP

Texas, Louisiana Enact Digital Asset Licensing Legislation

In recent weeks, Texas and Louisiana became the latest states to enact legislation establishing licensure requirements for digital asset service providers. In June, Texas enacted HB 1666, which adds practice restrictions...more

Goodwin

Mississippi Becomes 37th State to Legalize Medical Cannabis

Goodwin on

On February 2, 2022, Mississippi Governor Tate Reeves signed legislation authorizing cannabis for medical use. Mississippi is now the 37th state to legalize medical cannabis. The passage of SB 2095 (the "Act") comes more than...more

Miles & Stockbridge P.C.

Collection Agency Licensing and Exemptions

Miles & Stockbridge P.C. on

With the new collection agency rule of the Consumer Financial Protection Bureau (“CFPB”) having taken effect on November 30, 2021, we thought we could help round out your understanding of the collection agency laws by...more

Jones Day

Massachusetts Enacts and Implements New Student Loan Servicing Law

Jones Day on

The Massachusetts Student Loan Borrower Bill of Rights The SL Bill of Rights came into effect on July 1, 2021, and the DOB issued its implementing regulations on the same day. Building upon and codifying earlier proposed...more

McGlinchey Stafford

State Regulators Begin to Address Coronavirus Licensing Implications for the Financial Services Industry

McGlinchey Stafford on

The ongoing global spread of coronavirus disease 2019 (COVID-19) has created unique regulatory considerations for the financial services industry. One example of these considerations is the tension between the legal...more

Ballard Spahr LLP

CSBS Will Oppose Any Federal Legislation That Preempts State Licensing and Supervisory Authority

Ballard Spahr LLP on

The Conference of State Bank Supervisors (CSBS) President and CEO, John Ryan, recently announced the CSBS’s legislative priorities for state regulators this year. They include opposing any federal legislation that preempts...more

Dechert LLP

AMLD5 in Germany: Implementation provides far-reaching licensing requirements for crypto-asset service providers

Dechert LLP on

German draft bill for the implementation of the 5th EU Anti-Money Laundering Directive provides for licensing requirements and an expansion of the address of the anti-money laundering obligations with regard to crypto-asset...more

Hudson Cook, LLP

What's Old is New Again: The Future of Bank Partnership Programs from Small Dollar Installment Loans to Mortgages to Everything

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Bank partnerships allow banks to offer loans to consumers and businesses by leveraging the resources of non-bank entities. The relationships between banks and their non-bank entity partners have existed for many years. In the...more

Hudson Cook, LLP

Current Developments in Bank Deposits and Payment Systems (Spring 2019)

Hudson Cook, LLP on

This survey summarizes several recent developments affecting bank deposits and payment systems. The U.S. department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued new guidance concerning the customer...more

Snell & Wilmer

Emerging Trends in the Regulation of Fintech and Blockchain Technology: An Update on the National Fintech Charter

Snell & Wilmer on

Given the heavily regulated nature of financial services in the United States, it should not be a surprise that one of the biggest challenges facing the “fintech” industry is regulatory uncertainty. As explained by the...more

A&O Shearman

US Office of the Comptroller of the Currency Issues Revised Comptroller’s Licensing Manual Booklet

A&O Shearman on

The OCC issued a revised version of the “Changes in Directors and Senior Executive Officers” booklet of the Comptroller’s Licensing Manual...more

Ballard Spahr LLP

Installment Lender Using Bank Partner Model Needs Maryland License, Court of Appeals Rules

Ballard Spahr LLP on

The Maryland Court of Appeals, the state's highest court, in CashCall, Inc. et al. v. Maryland Commissioner of Financial Regulation, recently affirmed the judgment of the Court of Special Appeals (MCSA) directing CashCall to...more

Pillsbury Winthrop Shaw Pittman LLP

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

Morrison & Foerster LLP

Narrowing of Licensing Exemption Under California Finance Lenders Law for Consumer Lenders and Brokers

The California Department of Business Oversight (the “CDBO”) has issued a new regulation that will eliminate a statutory licensing exemption under the California Finance Lenders Law (the “CFLL”) for nonbank operating...more

Ballard Spahr LLP

Connecticut Adds New Licenses to NMLS

Ballard Spahr LLP on

The Nationwide Mortgage Licensing System (NMLS) is now accepting new applications and transition filings for new industry licenses for the Connecticut Department of Banking (Department). The Department is requiring companies...more

Ballard Spahr LLP

Connecticut Enacts New Licensing Requirement and Prohibitions for Student Loan Servicers

Ballard Spahr LLP on

Connecticut’s new “An Act Concerning A Student Loan Bill of Rights” creates a licensing requirement for servicers of student loans made to state residents and imposes other significant new requirements and prohibitions on...more

Partridge Snow & Hahn LLP

New Rhode Island Banking Regulations to Promote Uniformity

Rhode Island has repealed certain banking regulations and replaced them with new regulations in order to promote uniformity. Banking Regulations 98-14 “Licensees”, 98-14.1 “Lenders and Loan Brokers”, and 98-14.4 “Check...more

Ballard Spahr LLP

Utah Amends Licensing Requirements for Lending Managers

Ballard Spahr LLP on

The Utah Division of Real Estate amended its licensing provisions to expand the ways an individual may satisfy the experience requirement necessary to qualify for a Utah lending manager license, which is a prerequisite to...more

Ballard Spahr LLP

Several New States Adopt the National SAFE MLO Test with Uniform State Component

Ballard Spahr LLP on

New York, Ohio, Oklahoma, and Connecticut are the latest states to announce that they will be adopting the National SAFE Mortgage Loan Originator (MLO) Test with Uniform State Content. The New York Department of Financial...more

Manatt, Phelps & Phillips, LLP

NY Regulator Releases First Regulatory Framework For Virtual Currency

It happened: Benjamin Lawsky, Superintendent of New York’s Department of Financial Services (DFS) announced the release of the DFS’s much-anticipated proposal for a BitLicense, stating “We have sought to strike an appropriate...more

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