Unsecured lending remains a dynamic, fast-evolving segment of the consumer finance market — drawing increasing attention from regulators, litigators, and market participants alike. In this next installment of our Deep Dives...more
The next installment in McGlinchey’s Deep Dive into Bank Partnerships Series features a podcast on lending, presented by attorneys Joe Apatov, Aaron Kouhoupt, and Robert Savoie. Their discussion centers on the evolving...more
The Office of the Comptroller of the Currency (OCC) issued a final rule last week to establish a “simple, bright-line test” to determine when a national bank or federal savings association is the true lender. Under the rule,...more
At long last, the FDIC has issued its final rule codifying the “valid when made” doctrine. The rule was finalized on June 25, 2020, and clarifies that the interest rate lawfully assessed by an originating depository...more
6/26/2020
/ Bank Loan Markets ,
Branch Offices ,
Compliance ,
Depository Institutions ,
FDIC ,
Final Rules ,
Interest Rates ,
Lenders ,
Non-Depository Institutions ,
Partnerships ,
Real Party in Interest ,
State and Local Government ,
State Charters ,
Valid When Made Doctrine
We have been in close communication with our financial services clients to provide timely guidance on how to handle the evolving implications of coronavirus disease 2019 (COVID-19). Many clients have raised concerns...more
3/21/2020
/ Business Continuity Plans ,
Compliance ,
Coronavirus/COVID-19 ,
Financial Crisis ,
Financial Institutions ,
Financial Regulatory Agencies ,
Financial Services Industry ,
Lenders ,
Public Health Emergency ,
Relief Measures ,
State Regulators