News & Analysis as of

Office of the Comptroller of the Currency

New York Regulator’s Suit Challenging OCC Fintech Charter Dismissed as Premature

by Reed Smith on

On Tuesday December 12, 2017, a federal judge dismissed without prejudice a suit filed by the New York Department of Financial Services (NYDFS) against the Office of the Comptroller of the Currency (OCC) challenging the OCC’s...more

Financial Services Weekly News - December 2017 #2

by Goodwin on

Editor's Note - Attack of the State AGs. On December 12, New York Attorney General Eric T. Schneiderman and 16 other state attorneys general (State AGs) sent a letter to President Trump arguing that past statements by Mick...more

Court dismisses NYDFS lawsuit challenging special purpose national bank charter for fintech companies

by Ballard Spahr LLP on

A New York federal district court has dismissed the lawsuit filed by the New York Department of Financial Services (DFS) challenging the OCC’s authority to grant special purpose national bank (SPNB) charters to nondepository...more

US Federal Reserve Board Announces Affirmation of Current Countercyclical Capital Buffer

by Shearman & Sterling LLP on

The US Board of Governors of the Federal Reserve System announced that it voted to maintain the countercyclical capital buffer at its current level of 0%. In coming to this decision, the Federal Reserve Board consulted with...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Crowdfunding site Indiegogo is hoping that a bold move—as one of the first mainstream companies to do so— into the roller-coaster world of ICOs will help make the offerings more palatable for small and large investors....more

Financial Services Report – Winter 2017

by MoFo Reenforcement on

EDITOR’S NOTE - The holidays came early for the financial services industry. First, the Senate voted to repeal the CFPB’s rule banning class waivers in arbitration agreements in consumer financial contracts. Then,...more

US Office of the Comptroller of the Currency Publishes Final Rule Regarding Mandatory Contractual Stay Requirements for Qualified...

by Shearman & Sterling LLP on

The OCC published a final rule requiring all covered qualified financial contracts of covered banks to contain a contractual stay-and-transfer provision. This provision is similar to the stay-and-transfer provision that is...more

October and November Developments

by Sullivan & Worcester on

For the first time in my memory, the Congress passed a joint resolution to disapprove a final regulation of a federal agency—in this case the CFPB and the rule was related to arbitration clauses in contracts for consumer...more

Financial Regulatory Developments Focus - December 2017

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

Joseph M. Otting Takes Office as the 31st Comptroller of the Currency

by Shearman & Sterling LLP on

Joseph Otting was sworn in by Secretary of the US Department of the Treasury Steve Mnuchin as the 31st Comptroller of the Currency...more

Financial Services Weekly News - December 2017

by Goodwin on

Editor's Note - We Don’t Need No Stinking Badges. In 2013, former financial advisor, Raymond Lucia, was fined and barred from the industry by the Securities and Exchange Commission (SEC) for material misrepresentations to...more

Noreika Weighs In on Separation of Banking and Commerce

In his last remarks as Acting Comptroller of the Office of the Comptroller of the Currency (OCC), Keith A. Noreika took on the “taboo” topic of removing the separation between banking and commerce....more

OCC Updates Guidance on Business Combinations

by Ruder Ware on

The Office of the Comptroller of the Currency (“OCC”) has recently updated its “Business Combinations” booklet, which is part of the Comptroller’s Licensing Manual. The revised booklet replaces the prior version, which was...more

Financial Services Weekly News - November 2017 #4

by Goodwin on

Editor's Note - A Tale of Two Agencies. On November 27, Joseph M. Otting was sworn in as the 31st Comptroller of the Currency. Mr. Otting seamlessly succeeded Keith A. Noreika, who became Acting Comptroller in May 2017...more

Federal Reserve, OCC, and FDIC Announce Amendments to Community Reinvestment Act Regulations

by Shearman & Sterling LLP on

The US Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the US Federal Deposit Insurance Corporation announced changes to their respective regulations under the Community...more

Regulatory Capital Rule: Final Rule

On November 22, 2017, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation published a final rule continuing the application of...more

Federal Banking Agencies Finalize Extension of Certain Capital Rule Transitions

On November 21, 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency “finalized a rule for certain banking organizations by...more

Agencies Amend CRA Regulations to Conform to HMDA Regulation Changes and Remove References to the Neighborhood Stabilization...

On November 20, 2017, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency each modified their respective regulations in large part...more

OCC’s Otting Confirmed: Another Former OneWest Executive Takes Reins

On a largely party-line vote, the Senate has confirmed former OneWest president Joseph Otting as Comptroller of the Currency. With acting Comptroller Keith Noreika now out the door, Otting follows former OneWest leader (and...more

OCC Issues Guidance on Impact of CRA Rating on Licensing Applications

by Goodwin on

On November 8, 2017, the OCC issued guidance on the impact of less-than-satisfactory Community Reinvestment Act (CRA) ratings on subsequent licensing applications by financial institutions subject to the CRA. This new...more

OCC Revises its Enforcement Policies and Procedures Manual

by Ballard Spahr LLP on

In an update to its Policies and Procedures Manual (PPM), the Office of the Comptroller of the Currency (OCC) has revised PPM 5310-3, “Enforcement Action Policy,” dated September 9, 2011. The PPM sets forth the OCC’s policies...more

OCC Revises its Enforcement Policies and Procedures Manual

by Ballard Spahr LLP on

In an update to its Policies and Procedures Manual (PPM), the Office of the Comptroller of the Currency (OCC) has revised PPM 5310-3, “Enforcement Action Policy,” dated September 9, 2011. The PPM sets forth the OCC’s policies...more

The Delta Report: Regulators begin Volcker Rule review, signaling potential for needed clarifications

by White & Case LLP on

Broadly, the Volcker Rule prevents insured depository institutions, their parent holding companies and foreign banks that have US subsidiary banks or US banking offices, as well as the affiliates or subsidiaries of any of the...more

Bank Of Tokyo Mitsubishi Sues DFS And Alleges That DFS Has No Investigatory Or Enforcement Authority Over It Since It Is Now...

by Shearman & Sterling LLP on

On November 7, 2017, in the midst of a pending examination by, and implementation of previously agreed upon consent orders with, the New York State Department of Financial Services (“DFS”), the Bank of Tokyo Mitsubishi UFJ...more

Otting confirmed as Comptroller of the Currency

by Ballard Spahr LLP on

By a vote of 54-43, Joseph Otting has been confirmed by the Senate as Comptroller of the Currency. Mr. Otting is a former president and CEO of California-based OneWest Bank, where he worked with Steven Mnuchin, who now serves...more

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