News & Analysis as of

NYDFS Banking Sector

Orrick, Herrington & Sutcliffe LLP

NYDFS seeks to hire displaced federal financial employees amidst Trump administration cuts

On March 11, the Superintendent of NYDFS, Adrienne Harris, reportedly announced her agency’s intention to hire federal financial agency employees affected by recent job cuts under the Trump administration. Harris highlighted...more

Cooley LLP

NYDFS Proposes Limits on Overdraft and NSF Fees

Cooley LLP on

On January 22, 2025, the New York State Department of Financial Services (NYDFS) announced proposed regulations that would limit fees associated with overdrafts, nonsufficient funds (NSF) transactions and returned deposit...more

Orrick, Herrington & Sutcliffe LLP

New York Governor announces NYDFS overdraft regulations proposal

On January 22, New York Governor Kathy Hochul announced the NYDFS proposed its amendments to 3 NYCRR Parts 32 and 6 related to deposit account transactions and associated charges. The regulations will redefine terms such as...more

Holland & Knight LLP

Overdraft Free? New York's Pre-Proposed Outreach on Bank Fees

Holland & Knight LLP on

Insufficient funds transactions occur when consumers issue a payment order (a check, some other written order or an electronic debit) against funds in their bank account, and the account lacks sufficient funds to cover the...more

Sheppard Mullin Richter & Hampton LLP

New York Proposes Limits on Overdraft and NSF Fees

On January 23, 2025 the New York Department of Financial Services (NYDFS) announced proposed regulations to curb overdraft fees and insufficient funds fees charged by banks in New York. The proposed rules aim to protect...more

Orrick, Herrington & Sutcliffe LLP

New York Governor Hochul proposes new financial protections

On January 14, Governor Kathy Hochul announced new proposals to protect New York consumers as part of her 2025 State of the State. Her proposals included legislation to: (i) combat algorithmic price discrimination by...more

Alston & Bird

New York Passes New Removal Procedures for Officers, Directors, Trustees, and Partners of Any Entity Regulated by Department of...

Alston & Bird on

What Happened? On December 21, 2024, New York Governor Kathy Hochul, signed into law, S7532, which repealed the existing section of the Banking Law addressing the removal of officers, directors, and trustees of banking...more

Kilpatrick

AI Cybersecurity Guidance Summary - NYDFS and Singapore CSA

Kilpatrick on

As regulators worldwide continue to scrutinize the impact of AI on industries within their respective purviews, two key global agencies issued guidance in October 2024 that highlighted AI-based cybersecurity risks and best...more

Orrick, Herrington & Sutcliffe LLP

New York AG settles with bank over EIPA violations

On April 17, the New York attorney general (AG) announced a settlement with a bank (respondent) to resolve allegations that respondent improperly froze customer accounts and paid out consumer funds to debt collectors, and...more

Jenner & Block

[Ongoing Program] CLE Relay – Session 3 – Hot Topics in Fintech and Crypto - June 7th, 10:00 am - 11:00 am PDT

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This session will provide a survey of key issues and trends impacting the fintech and digital assets community as well as the future opportunities and challenges presented for these financial products and services. It will...more

Mayer Brown

Better Know Your CEO: New York Issues Final Guidance on Character and Fitness

Mayer Brown on

The New York Department of Financial Services (NYDFS) issued final supervisory guidance on January 22, 2024, to New York banking institutions and financial services companies licensed by the NYDFS. The guidance sets forth the...more

Orrick, Herrington & Sutcliffe LLP

NYDFS pens guidance for vetting key senior officials within financial institutions

On January 22, NYDFS issued an industry letter titled “Guidance on Assessment of the Character and Fitness of Directors, Senior Officers, and Managers” for banks and other financial institutions (Covered Institutions) to...more

Orrick, Herrington & Sutcliffe LLP

NYDFS and Fed order bank to pay fines for BSA/AML non-compliance

On January 19, the Federal Reserve Board and NYDFS each issued separate enforcement actions against one of the largest banks in the world for alleged compliance deficiencies and violations under BSA/AML. The Fed issued its...more

Dinsmore & Shohl LLP

2024 Brings New Cyber-Related Legal Obligations for Banks and Fintech Firms

Dinsmore & Shohl LLP on

Fintech companies and their partners are on alert as a flurry of new state and federal cybersecurity requirements take effect. The New York Department of Financial Services (NYDFS) and the Federal Trade Commission (FTC) both...more

Orrick, Herrington & Sutcliffe LLP

NYDFS releases guidance on risk management

On December 21, 2023, NYDFS released guidance for managing significant financial and operational risks associated with climate change for New York State-regulated banking and mortgage institutions. The guidance emphasized the...more

Orrick, Herrington & Sutcliffe LLP

NY state court granted decision to continue its new check cashing fee methodology

On December 7, the Supreme Court of the State of New York granted a motion to dismiss a challenge made to NYDFS’s check cashing regulation and ruled in favor of NYDFS. As previously covered in InfoBytes, the January...more

Orrick, Herrington & Sutcliffe LLP

New York Department of Financial Services Finalizes Amended Cybersecurity Regulations

On November 1, the New York Department of Financial Services (NYDFS) amended its cybersecurity regulations to set additional notification, administrative, training and technical requirements. The Amended Cybersecurity...more

A&O Shearman

NYDFS Finalizes Significant Amendment to Part 500 Cybersecurity Regulation

A&O Shearman on

On November 1, 2023, the New York State Department of Financial Services (“NYDFS”) issued its Second Amendment (the “Amendment”) to its Cybersecurity Requirements for Financial Services Companies adopted in 2017, codified in...more

Shook, Hardy & Bacon L.L.P.

New York adds more stringent cybersecurity requirements

The New York Department of Financial Services (NYDFS) released the final amendments to its cybersecurity rules for financial, banking and insurance companies. The changes add obligations for accountability, incident...more

Jenner & Block

Client Alert: New York Issues Significant Amendments to its Forward-Leaning Cyber Regulations

Jenner & Block on

In 2017, the New York Department of Financial Services (“NYDFS”) enacted a landmark regulation requiring financial services institutions such as banks and insurance companies in the state to meet substantial cybersecurity...more

Hudson Cook, LLP

New York Moves to Vest DFS With Control Over Certain Deposit Charges

Hudson Cook, LLP on

Over the past year, there have been numerous efforts by federal regulators - in particular the Consumer Financial Protection Bureau - to rein in "junk fees." The CFPB defines a "junk fee" to be an unnecessary and unavoidable...more

Orrick, Herrington & Sutcliffe LLP

Bank to pay Fed, NYDFS almost $30 million for deficient third-party risk management practices

On October 19, the Fed and NYDFS announced an enforcement action against a New York-based bank for alleged violations of consumer identification rules and deficient third-party risk management practices. NYDFS Superintendent...more

Jenner & Block

Client Alert: New multi-front Enforcement Action Emphasizes Key AML Compliance Requirements

Jenner & Block on

Shinhan Bank America (“Shinhan”), a New York-based subsidiary of a Korean bank, faced coordinated enforcement actions on September 29 from the Financial Crimes Enforcement Network (“FinCEN”), Federal Deposit Insurance...more

Orrick, Herrington & Sutcliffe LLP

NYDFS settles with bank for compliance failures

On September 29, NYDFS announced a settlement with a South Korean-based bank’s American subsidiary to resolve allegations of repeated violations of AML requirements, the Bank Secrecy Act (BSA), and New York law....more

Orrick, Herrington & Sutcliffe LLP

NYDFS publishes new proposal on cybersecurity regs

On June 28, NYDFS published an updated proposed second amendment to the state’s cybersecurity regulation (23 NYCRR 500) reflecting revisions made by the department in response to comments received on proposed expanded...more

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