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Missouri joins state efforts to regulate earned wage access providers

On August 28, 2023 (the “Effective Date”), SB 103, signed into law by Missouri’s governor, will become the nation’s second statutory framework for earned wage access (EWA) providers.  The Missouri law closely resembles...more

Federal banking agencies issue final interagency guidance on risk management in third-party relationships

The Federal Reserve, FDIC, and OCC have released final interagency guidance for their respective supervised banking organizations on managing risks associated with third-party relationships, including relationships with...more

FDIC consent order with Cross River Bank indicates heightened scrutiny of bank-fintech partnerships

The FDIC recently announced that it has entered into a Consent Order with Cross River Bank (CRB or Bank) to resolve FDIC charges that the Bank engaged in unsafe or unsound practices related to its fair lending compliance. ...more

5/5/2023  /  Banking Sector , Banks , FDIC , FinTech

Opt-Out Deja Vu? Pending Colorado legislation would opt out of federal law allowing interest rate exportation by state banks

Legislation to opt out of a 43-year-old federal law allowing FDIC-insured state banks to “export” interest on interstate loans to the same extent as their national bank counterparts is quietly, but swiftly, working its way...more

4/19/2023  /  Banking Sector , Banks , FDIC , Interest Rates

Use of the FDIC Name and Logo: Proceed With Caution [Video]

We discuss the FDIC’s final rule on misuse of the FDIC name or logo, advisory to insured banks on deposit insurance and dealings with crypto companies, and cease and desist letters to five crypto companies alleging they made...more

FDIC issues advisory on deposit insurance and crypto assets

The FDIC has issued an “Advisory to FDIC-insured institutions Regarding Deposit Insurance and Dealings with Crypto Companies” to address the agency’s concerns regarding misrepresentations about FDIC deposit insurance by...more

California Federal District Court Upholds OCC and FDIC ‘Madden-fix’ Rules

A California federal district court judge rejected challenges to the OCC’s and FDIC’s Madden-fix rules brought in two separate lawsuits by state attorneys general. The OCC rule is codified at 12 C.F.R. Section 7.4001(e) and...more

California federal district court upholds OCC and FDIC “Madden-fix” rules

A California federal district court judge has rejected challenges to the OCC’s and FDIC’s Madden-fix rules brought in two separate lawsuits by state attorneys general. The OCC rule is codified at 12 C.F.R. Section 7.4001(e)...more

2/11/2022  /  Banking Sector , FDIA , FDIC , National Bank Act , OCC

Federal Reserve publishes paper on bank/fintech partnerships

Last week, the Federal Reserve Board published a paper on partnerships between community banks and fintech companies, “Community Bank Access to Innovation through Partnerships.” The Fed’s publication of the paper is another...more

FDIC files reply in support of its summary judgment motion in lawsuit challenging its “Madden-fix” rule

The FDIC has filed its reply in support of its motion for summary judgment in the lawsuit filed by a group of state attorneys general to set aside the FDIC’s “Madden-fix” rule. The reply responds to the AGs’ opposition to...more

Federal Banking Agencies Issue Proposed Guidance on Risk Management for Third-Party Relationships

The Federal Reserve, FDIC, and OCC released on July 13, 2021 proposed guidance for banking organizations on managing risks associated with third-party relationships, including relationships with financial technology-focused...more

Federal banking agencies issued proposed guidance on risk management for third-party relationships

The Federal Reserve, FDIC, and OCC have released proposed guidance for banking organizations on managing risks associated with third-party relationships, including relationships with financial technology-focused entities such...more

State AGs file opposition to FDIC’s summary judgment motion in lawsuit challenging “Madden-fix” rule

The state attorneys general have filed their opposition to the FDIC’s motion for summary judgment in their lawsuit to set aside the FDIC’s “Madden-fix” rule.  The filing also includes the AGs’ reply to the FDIC’s opposition...more

FDIC files summary judgment motion in lawsuit challenging its “Madden-fix” rule

The FDIC has filed a motion for summary judgment in the lawsuit filed by the Attorney Generals of six states and District of Columbia to set aside the FDIC’s “Madden-fix” rule.  The filing also includes the FDIC’s opposition...more

State AGS file summary judgment motion in lawsuit challenging FDIC “Madden-fix” rule

The Attorney Generals of the six states and District of Columbia who filed a lawsuit against the FDIC to set aside its “Madden-fix” rule have filed a motion for summary judgment in the case. ...more

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