News & Analysis as of

Fintech Charter Banking Sector

Guidepost Solutions LLC

5 Tips to Best Position Your Fintech for a Banking Charter License Application

Recently, several financial technology (“Fintech”) organizations have applied for – and been granted – banking charter licenses. For example, in May 2019, Grasshopper was approved for a charter issued by the Office of the...more

Nutter McClennen & Fish LLP

Nutter Bank Report: May 2021

Court Rules that Debt Collector Violated FDCPA with Communication to Dunning Vendor - A federal appellate court has recently ruled that a debt collector violated certain privacy requirements under the federal Fair Debt...more

Nutter McClennen & Fish LLP

Fintech in Brief: Federal Reserve Board Proposes Guidelines for Approving Master Accounts and Other Services

On May 5, 2021, the Federal Reserve Board (the “Board”) published for public comment proposed guidelines (the “Account Access Guidelines”) for the 12 regional Federal Reserve Banks (the “Reserve Banks”) to use when reviewing...more

Ballard Spahr LLP

OCC fintech charter expected to receive attention at April 15 House hearing on banking innovation

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On April 15, 2021, the House Financial Services Committee’s Subcommittee on Consumer Protection and Financial Institutions will hold a hearing titled, “Banking Innovation or Regulatory Evasion? Exploring Trends in Financial...more

McGuireWoods LLP

Oral Arguments Held in Challenge to OCC’s Fintech Charter

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On March 9, 2021, the Second Circuit heard oral arguments in connection with the New York Department of Financial Services’ (“DFS”) challenge to block the Office of Comptroller of the Currency’s (“OCC”) special purpose...more

Eversheds Sutherland (US) LLP

Second Circuit grapples with standing in case challenging OCC’s fintech charter authority

On March 9, a three-judge panel of the Second Circuit heard oral argument on the question of whether the OCC can legally issue national bank charters to non-depository financial technology (fintech) firms. The case is...more

Nutter McClennen & Fish LLP

Fintech in Brief:  Financial Trade Associations Oppose Novel OCC Charter with Uninsured Deposits

On December 7, 2020, several bank and credit union trade associations (collectively, the “Associations”) submitted a joint letter (the “Letter”) to the Office of the Comptroller of the Currency (the “OCC”) opposing the...more

Ballard Spahr LLP

Varo Is First FinTech to Receive Full-Service Charter from the OCC

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On July 31, 2020, the Office of the Comptroller of the Currency (OCC) approved the national bank charter application of Varo Bank, N.A., a wholly-owned subsidiary of fintech Varo Money, Inc. The approved application is for a...more

McGuireWoods LLP

Mobile Banking Startup Varo Money Becomes First Fintech Company Granted a National Bank Charter

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On July 31, 2020, Varo Money Inc. announced that it was granted a national bank charter by the U.S. Office of the Comptroller of the Currency (OCC). The charter will allow Varo, a mobile banking fintech, to launch a national...more

McGuireWoods LLP

New York Files Brief in Support of Dismantling OCC’s Fintech Charter

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On July 23, 2020, the New York Department of Financial Services (“DFS”) filed its appellate brief asking the Second Circuit Court of Appeals to uphold the lower court’s decision to block the Office of Comptroller of the...more

K&L Gates LLP

It’s BA-ACK! OCC Planning a New Fintech Charter: “Payments Charter 1.0”

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On June 25, 2020, Acting Comptroller Brian Brooks announced in an American Bankers Association’s podcast that the Office of the Comptroller of the Currency (the “OCC”) is planning to introduce “Payments Charter 1.0”, which...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] In the Trenches: The Shift to Digital Banking - Trends and Risks Post COVID-19 - June 11th, 11:00 am EDT

Join Brad Rustin, Craig Nazzaro, and Mark Miller as they cover the shift in customer needs and experience and the impact this shift has on your BSA/AML/KYC concerns, CRA program, and fintech partnership risks. They will also...more

Manatt, Phelps & Phillips, LLP

[Webinar] Banking and Fintech Transactions: 2020 Forecast - March 25th, 2:00 pm ET

Bank transaction activity has picked up as small and midsize banks look to adjust their business models to the digital economy. Some fintech companies have chosen to acquire or form their own banks. The clash between the new...more

Nutter McClennen & Fish LLP

Fintech in Brief: FDIC Approves First Fintech Application for Federal Deposit Insurance

On February 7, all-mobile banking services startup Varo Money, Inc. (“Varo”) received the FDIC’s approval of its federal deposit insurance application for Varo Bank, N.A. (in formation) (the “Bank”). The FDIC’s approval...more

Eversheds Sutherland (US) LLP

Southern District of New York rules against OCC fintech charter

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

Davis Wright Tremaine LLP

NYDFS Prevails Once More in OCC FinTech Charter Challenge

On October 21, 2019, the District Court for the Southern District of New York entered a final judgment in favor of the New York State Department of Financial Services (NYDFS), blocking the Office of the Comptroller of the...more

Nutter McClennen & Fish LLP

Fintech in Brief: Final Order Entered in New York State Challenge to OCC Fintech Charter

On October 21, 2019, Judge Victor Marrero of the U.S. District Court of the Southern District of New York issued a final decision and order in New York State’s challenge to the OCC’s statutory authority to grant special...more

Nutter McClennen & Fish LLP

Fintech in Brief: Federal Reserve Announces Plan to Develop A Real-Time Payment and Settlement Service

On August 5, the Federal Reserve Board announced that it will develop a new 24x7x365 real-time payment and settlement service to support faster payments in the United States. In a speech at the Federal Reserve Bank of Kansas...more

Nutter McClennen & Fish LLP

Fintech in Brief: New York State Challenge to OCC Fintech Charter Survives Motion to Dismiss

On May 2, 2019, Judge Victor Marrero of the U.S. District Court of the Southern District of New York denied two of three counts of the OCC’s Motion to Dismiss New York State’s challenge to the OCC’s statutory authority to...more

Dorsey & Whitney LLP

Court Halts, At Least for Now, The OCC’s FinTech National Bank Charter Program

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On Thursday, May 2, 2019, Judge Victor Marrero of the Southern District of New York issued an important decision in the closely watched Vullo v. Office of the Comptroller of the Currency et al., No. 1:18-cv-08377. Judge...more

McGuireWoods LLP

New York’s Lawsuit Contesting the OCC’s Fintech Charter Survives First Legal Hurdle

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On May 2, 2019, the U.S. District Court for the Southern District of New York denied the Office of the Comptroller of the Currency’s (OCC) motion to dismiss a complaint brought against it by the Maria T. Vullo, superintendent...more

BCLP

How is Open Banking Regulated?

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In previous posts in our BankBCLP.com series on this topic, we’ve attempted to define “open banking” and the ways in which it is attracting increasing industry attention through open APIs. As our series continues, we describe...more

K&L Gates LLP

FinTech Forward: The OCC FinTech Charter

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In this episode, John ReVeal discusses the background of OCC special purpose charter for FinTechs, including authority and scope. The episode also addresses the concerns and requirements for most FinTechs, including the...more

Nutter McClennen & Fish LLP

Fintech in Brief: Update on Legal Challenges to OCC Fintech Charter

On March 19, 2019, the New York State Department of Financial Services (“NYDFS”) filed a brief in opposition to the Office of the Comptroller of the Currency’s (“OCC”) motion to dismiss the NYDFS’ lawsuit challenging the...more

Nutter McClennen & Fish LLP

OCC Fintech Charter Continues to Face Legal Challenges

Some commenters have opined that the litigation risk surrounding the Office of the Comptroller of the Currency’s (“OCC”) proposed special purpose national bank charter for Fintechs (“Fintech Charter”) is deterring applicants...more

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