On June 17, 2025, the Senate voted 68-30 with bi-partisan support to pass the Guiding and Establishing National Innovation for U.S. Stablecoins Act (“GENIUS Act”), which proposes the establishment of a federal framework for...more
On March 3, 2025, the Federal Deposit Insurance Corporation (“FDIC”) withdrew its pending proposed rule on brokered deposits (the “Proposal”), originally published in the Federal Register on August 23, 2024. The Proposal,...more
1. Introduction and Summary -
On July 30, 2024 – a mere 32 months after adopting a new regulatory framework for brokered deposits in December 2020 (the “Current Rules”) – the Federal Deposit Insurance Corporation (“FDIC”)...more
Over the last several years credit unions have sought to raise funds in the capital markets by issuing their Share Certificates through brokers or other intermediaries. Credit union shares have many of the same attributes of...more
As described in our previous client memo in May 2022, the FDIC is amending its regulations governing deposit insurance to merge the revocable and irrevocable trust deposit insurance categories into one “trust accounts”...more
In the early morning hours of Monday, May 1, 2023, the California Department of Financial Protection and Innovation closed First Republic Bank (“FRB”) and appointed the Federal Deposit Insurance Corporation (“FDIC”) receiver...more
As with any business, a bank can become insolvent. But unlike most businesses, your bank holds your money or your customers’ money, making insolvency particularly fraught. On Friday, March 10, 2023, the California Department...more
3/13/2023
/ Banking Sector ,
Banks ,
Deposit Accounts ,
Deposit Insurance ,
Depository Institutions ,
FDIC ,
Federal Reserve ,
Financial Crisis ,
Financial Institutions ,
Insolvency ,
Receivership ,
Silicon Valley ,
U.S. Treasury
As with any business, a bank can become insolvent. But unlike most businesses, your bank holds your money or your customers’ money, making insolvency particularly fraught. In recent days, the parent corporation of Silvergate...more
The Federal Deposit Insurance Corporation (FDIC) announced today a 45-Day extension to the public comment period for proposed changes to its regulations that may significantly affect banks, broker-dealers, and FinTechs. The...more
Silvergate Bank, the La Jolla based bank that made a name for itself by specializing in providing banking services to the crypto industry, has recently come under scrutiny for using a (quasi) federal lending program, designed...more
The Federal Deposit Insurance Corporation (“FDIC”) published for comment in December 2022 a notice of proposed rulemaking (12 CFR Part 328) (“Proposed Rule”) that would apply to all FDIC-insured institutions and impose new...more
1/19/2023
/ Banks ,
Broker-Dealer ,
Deposit Insurance ,
Disclosure Requirements ,
FDI Act ,
FDIC ,
Financial Institutions ,
FinTech ,
Non-Bank Lenders ,
Notice of Proposed Rulemaking (NOPR) ,
Pass-Through Entities ,
Proposed Rules ,
Regulatory Requirements
The Federal Deposit Insurance Corporation (“FDIC”) has recognized a new designated business relationship that confirms that an agent, such as a broker-dealer, placing deposits of a customer with an insured depository...more
On July 15, 2022, the Division of Risk Management Supervision (the “Staff”) of the Federal Deposit Insurance Corporation (“FDIC”) published a two-page statement (the “Statement”) “to remind” insured depository institutions...more
Introduction -
On May 17, 2022, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) adopted a final rule (“Rule”) setting forth its procedures for investigating and enforcing false advertising,...more
6/16/2022
/ Banking Sector ,
Banks ,
Broker-Dealer ,
Consumer Financial Products ,
Deposit Insurance ,
Digital Currency ,
Enforcement Guidance ,
False Advertising ,
FDIC ,
Final Rules ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Government Investigations ,
Misleading Statements ,
New Guidance ,
Stablecoins