News & Analysis as of August 20, 2025

Financial Institutions

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The Federal Deposit Insurance Corporation is a United States federal agency created in 1933 in response to widespread bank failures in the 1920s and early 1930s. The FDIC's mission is to maintain stability and consumer confidence in the United States banking system by insuring deposits, monitoring the health of financial institutions and managing receiverships. less -

FDIC Rethinks Industrial Banks—Again

Davis Wright Tremaine LLP on 7/25/2025

Industrial banks or industrial loan companies (ILCs)—FDIC-insured banks chartered by certain states, notably Utah—have long been a niche component of the U.S. financial system. These institutions may be owned by commercial...more

Federal Banking Agencies Propose Rescission of 2023 CRA Final Rule and Reinstatement of 1995 CRA Regulations

Troutman Pepper Locke on 7/18/2025

On July 16, the Federal Reserve Board, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, the federal banking agencies) jointly published a proposed rule...more

Benefits of Operating Through a Bank Charter and Charter Choice Considerations

Goodwin on 5/1/2025

This is the first in a series of articles in our "So, You Want to Be a Bank?" series. More than 1,000 new banks were formed in the eight years before the Great Recession began in 2008. In comparison, the past 15 years...more

FDIC Withdraws Support for Colorado’s Opt-Out Law Before Tenth Circuit

Sheppard Mullin Richter & Hampton LLP on 3/3/2025

On February 26, the FDIC withdrew its amicus brief in the 10th Circuit Court of Appeals challenging Colorado’s 2023 opt-out law which aimed to restricting higher-cost online lending. The FDIC’s decision follows a shift in the...more

Troutman Pepper Weekly Consumer Financial Services Newsletter - November 2024 # 2

Troutman Pepper Locke on 11/13/2024

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Legal Issues, Problems, and Unanswered Questions Regarding a State’s Ability and Potential Departure from the Depository...

Womble Bond Dickinson on 3/26/2024

In 1980, Congress passed Public Law 96-221, called the Depository Institutions Deregulation and Monetary Control Act (“DIDMCA”), which, in part, allowed federally insured state banks, state credit unions, and state savings...more

OCC Issues Policy Guidance on Venture Loans

Latham & Watkins LLP on 11/29/2023

The OCC outlines safety and soundness principles and appropriate risk management processes for its regulated institutions that engage in venture lending. On November 1, 2023, the Office of the Comptroller of the Currency...more

Nutter Bank Report: October 2023

Nutter McClennen & Fish LLP on 10/31/2023

The federal banking agencies have jointly issued a final rule that will modify how examiners assess compliance with the Community Reinvestment Act (CRA). Among other changes to the CRA regulations announced on October 24, the...more

Federal Banking Agencies Propose Long-Term Debt Requirements for Large Banks

Jones Day on 10/19/2023

In Short: The Situation: The Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation (collectively, the "Agencies") have proposed rules...more

Federal and state financial regulatory agencies issue joint statement on the effects of Hurricane Idalia on supervisory practices

Orrick, Herrington & Sutcliffe LLP on 9/11/2023

On September 1, the FDIC, Fed, NCUA, OCC and CSBS issued a joint statement recognizing the serious impact of Hurricane Idalia on the customers and operations of many financial institutions in the effected area. The guidance...more

Second Circuit Considering Whether Syndicated Term Loan Notes Sold To Buyers Are “Securities” – Case Update: Kirschner v. JPMorgan...

A&O Shearman on 6/8/2023

As we previously covered, on May 22, 2020, Judge Paul G. Gardephe of the United States District Court for the Southern District of New York dismissed a complaint asserting claims under state blue-sky laws as well as...more

Silicon Valley Bank Closure: Updated Considerations Following the Creation of Silicon Valley Bridge Bank, N.A.

Fenwick & West LLP on 3/15/2023

Considerations relating to Silicon Valley Bank (SVB)’s closure have continued to evolve as a result of the recent announcement by the Federal Deposit Insurance Corporation (FDIC) that it has transferred all deposits—both...more

SVB FALLOUT: How VC-backed Startups May Extend Payroll & Avoid Furloughs

Lowenstein Sandler LLP on 3/13/2023

In light of the FDIC takeover of Silicon Valley Bank (SVB), many of our startup, growth company, and fund clients have asked about how to manage their obligations to pay their team members during a period when the company’s...more

Promissory Notes - Banking & Finance Insights: V 3, Issue 2, February 2023

Spilman Thomas & Battle, PLLC on 2/22/2023

Community Banks Renew Fight Against ILCs - “ICBA reiterates opposition to non-bank-owned lenders’ applications to the FDIC, naming GM, Ford, Rakuten.” Why this is important: The Independent Community Bankers of...more

FDIC Chair Speaks on Unbanked and Underbanked Survey

Cadwalader, Wickersham & Taft LLP on 11/4/2022

Martin Gruenberg, Acting Chair of the Federal Deposit Insurance Corporation, gave remarks this week to the National Association of Affordable Housing Lenders (“NAAHL”). In the speech, Acting Chair Gruenberg praised NAAHL’s...more

Emerging Fair Lending Risk: Student Lending

K&L Gates LLP on 4/19/2022

In line with policy directives from the Biden administration, federal regulators have made it clear that fair and responsible lending is an enforcement priority—and that the directive extends to lenders making student loans...more

FinCEN Proposes Rule for SARs Sharing Pilot Program

Goodwin on 1/28/2022

In This Issue. The Financial Crimes Enforcement Network (FinCEN) issued a proposed rule about the establishment of a limited-duration pilot program for sharing suspicious activity reports (SARs); FinCEN published the final...more

OCC Reconsiders Controversial Revisions to CRA Rules

Goodwin on 5/21/2021

In This Issue. The Office of the Comptroller of the Currency (OCC) announced that it will reconsider its controversial June 2020 final rule revising its Community Reinvestment Act (CRA) rules, and published its Semiannual...more

Treasury Rolls Out Emergency Capital Investment Program

Goodwin on 3/12/2021

In this Issue. The U.S. Department of the Treasury announced that it was opening the application process for the Emergency Capital Investment Program, a new program designed to provide long-term, low-cost equity and...more

SEC Finalizes Reforms Under Investment Advisers Act

Goodwin on 1/7/2021

In this Issue. The Securities and Exchange Commission (SEC) finalized reforms under the Investment Advisers Act to modernize rules that govern investment adviser advertisements and payments to solicitors, and published a risk...more

SEC Adopts Broad Exempt Offering Reforms

Goodwin on 11/5/2020

In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more

Financial Services Weekly Roundup: Code Libor – SEC And OCIE Issue Risk Alert In Preparation Of Libor Discontinuation

Goodwin on 6/26/2020

In This Issue. The Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert about the scope and content of examinations OCIE plans to conduct of various...more

Lenders Encouraged to Work with Customers in Response to COVID-19 Challenges

Sheppard Mullin Richter & Hampton LLP on 3/19/2020

The Federal Deposit Insurance Corporation (the “FDIC”) issued a statement on March 13, 2020, encouraging financial institutions to take prudent steps to assist customers and communities affected by the Coronavirus Disease...more

FDIC Views on Leveraged Lending

Herbert Smith Freehills Kramer on 2/5/2020

The FDIC Fall 2019 edition of Supervisory Insights contained an article entitled “Leveraged Lending: Evolution, Growth and Heightened Risk”. In the article, the FDIC noted that the credit agreement terms have continued to...more

Structured Finance Spectre - October 2018

Alston & Bird on 11/2/2018

PRACTITIONER NOTES – Frankenstein’s Monster? Rosemary’s Baby? The Twins from the Shining? How Lenders are thinking about the Delaware Division Statute and Division LLCs - Recent amendments to the Delaware LLC Act (the...more

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