News & Analysis as of

National Bank Charters Office of the Comptroller of the Currency

Ballard Spahr LLP

OCC approves national bank charter applications of fintech company

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The OCC announced this week that it has conditionally approved applications from Social Finance Inc. (SoFi) to create SoFi Bank, National Association (SoFi Bank, N.A.), as a full service national bank headquartered in...more

Ballard Spahr LLP

D.C. federal district court stays CSBS lawsuit while OCC reviews framework for chartering national banks

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The D.C. federal district court hearing the lawsuit filed by the Conference of State Bank Supervisors (CSBS) seeking to block the Office of the Comptroller of the Currency from granting a national bank charter to Figure...more

Goodwin

OCC Grants National Trust Bank Charter to Third Cryptocurrency Firm

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In This Issue. The Office of the Comptroller of the Currency (OCC) granted preliminary conditional approval to a third cryptocurrency firm chartering a national trust bank; the Consumer Financial Protection Bureau (CFPB)...more

Morgan Lewis - All Things FinReg

OCC Conditionally Approves Trust Company Charter for Crypto Firm

The OCC granted preliminary conditional approval on April 23 to an application to charter Paxos National Trust (Paxos) as an uninsured national trust bank. Paxos, which currently operates as a New York state-charted limited...more

Robins Kaplan LLP

Financial Daily Dose 1.14.2021 | Top Story: Intel Ousts CEO Robert Swan After Just Two Years

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Intel has ousted CEO Robert Swan “as the company faces pressure from an activist investor and grapples with the loss of leadership in producing ultrafast chips.” Swan had been at the helm since January 2019...more

Ballard Spahr LLP

Conference of State Bank Supervisors files new lawsuit to block OCC approval of Figure Technologies charter application

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The Conference of State Bank Supervisors (CSBS) has filed a lawsuit in D.C. federal district court to block the OCC from granting a national bank charter to Figure Technologies Inc. According to the complaint, Figure,...more

White & Case LLP

OCC modernizes, adds flexibility to powers and procedures rules

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The OCC recently finalized two broad updates to its regulations that increase flexibility for regulatory filings, including for corporate transactions such as business combinations, and update and clarify permissible...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

Nutter McClennen & Fish LLP

Nutter Bank Report: November 2020

Federal Banking Agencies Issue New Guidance on Managing the LIBOR Transition - The member agencies of the Federal Financial Institutions Examination Council (“FFIEC”) have issued joint guidance for banking organizations...more

Ballard Spahr LLP

Ballard Spahr Submits Comment Letter to OCC in Support of Proposed True Lender Rule

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Ballard Spahr LLP has submitted a comment letter to the OCC in support of its proposed rule, “National Banks and Federal Savings Associations as Lenders” (the “Proposed Rule”)....more

Dechert LLP

OCC Allows National Banks to Custody Cryptocurrency

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The Office of the Comptroller of the Currency (OCC) issued an interpretive letter (Letter) on July 22, 2020, stating that national banks and federal savings associations have the authority to provide custody services for...more

Morgan Lewis

OCC Allows National Banks and FSAs to Provide Cryptocurrency Custody Services

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The US Office of the Comptroller of the Currency (OCC) issued an interpretive letter on July 22 allowing national banks and federal savings associations (FSAs) to provide cryptocurrency custody services to their customers in...more

Kilpatrick

Banking on the Business of Banking: How the 2nd Circuit's Ruling in Lacewell v. OCC Could Change the Future of Fintech Regulation

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Despite often operating on a nationwide scale, fintech companies rarely meet the stringent requirements for obtaining a national banking charter. Under the current regulatory landscape, these companies must therefore secure...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

Manatt, Phelps & Phillips, LLP

Cryptocurrency Custody Activities Confirmed for National Banks—But With Caution

Following ongoing efforts to promote the expansiveness of the national bank charter, on July 22, 2020, the Office of the Comptroller of the Currency (OCC) issued an interpretive letter confirming the authority of a national...more

Ballard Spahr LLP

OCC payments charter quickly generates industry concern

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As we reported, Acting Comptroller of the Currency Brian Brooks has previewed the OCC’s plans to introduce another special purpose national bank charter that would give payment companies a nationwide servicing platform and...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

Latham & Watkins LLP

OCC’s New Comptroller Announces Innovative Fintech Initiatives

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A new Payments Charter could enable entities to engage in payments-related activities on a nationwide basis, rather than by state. The US Office of the Comptroller of the Currency’s (OCC) newly appointed Acting...more

Ballard Spahr LLP

NYDFS files brief with Second Circuit in OCC’s appeal from district court judgment in lawsuit challenging fintech charter

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The New York Department of Financial Services (DFS) has filed its opening brief with the Second Circuit in the OCC’s appeal from the district court’s final judgment in DFS’s lawsuit challenging the OCC’s issuance of special...more

Nutter McClennen & Fish LLP

Fintech in Brief: Acting OCC Comptroller Announces Plans to Release a National Charter for Payments Companies

On June 25, 2020, Acting Comptroller Brian Brooks announced that the Office of the Comptroller of the Currency (the “OCC”) intends to introduce the first in a series of at least two national bank charters for payments...more

McGuireWoods LLP

Fintech Company Avoids Murky Regulatory Landscape by being the First U.S. Fintech Company to Acquire a Regulated Bank

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For the first time, a U.S. fintech company is acquiring a regulated U.S. bank, which will give it access to a stable and cheaper source of funding – as well as a national bank charter. On February 18th, LendingClub, one of...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

Jones Day

OCC Fintech Charter Headed to the Second Circuit

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The Situation: The Office of the Comptroller of the Currency ("OCC") has appealed a decision from the Southern District of New York that concluded that the OCC lacks the authority to grant "Fintech Charters" to nondepository...more

Cadwalader, Wickersham & Taft LLP

Marketplace Lending Update #7: This and That

There have been a handful of recent marketplace lending developments that indicate that the legal uncertainties in the post-Madden world are not going away anytime soon....more

Robins Kaplan LLP

Financial Daily Dose 10.23.2019 | Top Story: Top exec exodus continues, this time at Nike, Boeing, and WeWork

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Nike’s top dog, CEO Mark Parker, is stepping down at the beginning of 2020, to be replaced by board member and ServiceNow CEO John Donahoe. Parker, who will assume the role of executive chair when Donahoe takes over, has been...more

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