News & Analysis as of

Financial Institutions

A&O Shearman

UK FCA Continues to Simplify Supervisory Communications

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The UK Financial Conduct Authority (FCA) has confirmed further steps to simplify its supervisory communications, building on its April announcement and aligning with its Consumer Duty Requirements Review. The FCA confirms it...more

Woods Rogers

“Fair Banking” Executive Order Directs Federal Regulators to Address Debanking

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President Trump’s executive order, “Guaranteeing Fair Banking for All Americans,” asserts that financial institutions have denied or terminated financial services to “persons participating in activities or causes commonly...more

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

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In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

Troutman Pepper Locke

SBA Orders Small Business Lenders to End Debanking Practices Pursuant to President Trump’s Executive Order

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On August 26, the U.S. Small Business Administration (SBA) took action to enforce President Trump’s directive by issuing a letter to its network of over 5,000 lenders. This letter mandates the cessation of alleged politicized...more

Morgan Lewis - Tech & Sourcing

EBA Proposes Extending Outsourcing Requirements to All Third-Party Arrangements

The European Banking Authority (EBA) recently published a consultation paper (Consultation) that proposes to expand third-party risk management requirements for certain EU-regulated financial entities. The Consultation would...more

Stikeman Elliott LLP

AI Use by Financial Institutions: Québec’s AMF Publishes Draft Guidelines

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On July 3, 2025, Québec’s financial institutions regulator – the Autorité des marchés financiers (“AMF”) – published draft guidelines (“Draft Guidelines”) on the use of artificial intelligence systems (“AI Systems”) by...more

Hogan Lovells

Payments and e-money: UK FCA publishes policy statement on changes to safeguarding regime

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The FCA believes that some payments firms do not currently have sufficiently robust safeguarding practices. This poses a risk of harm to consumer and market integrity that the FCA is seeking to mitigate. ...more

Hogan Lovells

Payments: European Court of Justice (ECJ) rules on PSP liability for unauthorised transactions and late PSU notification

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The ECJ has confirmed that a payment service user (PSU) is deprived of the right to reimbursement for an unauthorised transaction under PSD1 if: they fail to notify without undue delay upon becoming aware of it; or...more

Quinn Emanuel

The Brazilian Supreme Court's August 18 Ruling Presents Challenges To Brazilian Entities And Litigants

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On August 18, 2025, the Brazilian Supreme Court issued a ruling holding that any foreign law, court decision, administrative act, or executive order is only applicable in Brazil if expressly recognized by Brazilian...more

Davis Wright Tremaine LLP

FDIC Proposes Overhaul of Branch Application Rules

The Federal Deposit Insurance Corporation (FDIC) has proposed significant revisions to its application procedures for banks seeking to establish a branch or relocate a main office or branch, marking a major shift in...more

Troutman Pepper Locke

Regulatory Rollback: Impact of the CFPB's Withdrawal of Overdraft and Deposit Account Fee Guidance on Financial Institutions and...

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In this episode of The Consumer Finance Podcast, Chris Willis, Heryka Knoespel, and Lori Sommerfield discuss overdraft and deposit account fees as they continue to dive into the CFPB's guidance withdrawal. They highlight the...more

Phelps Dunbar

Is the GENIUS Act Smart for Community Banks?

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The GENIUS Act, passed in July, is the first comprehensive federal framework for payment stablecoins in the United States. On the surface, it promises clarity and an opportunity for community banks to participate in the...more

Holland & Knight LLP

Finanzas abiertas en Colombia: SFC amplía el plazo para que entidades cumplan con estándares

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La Superintendencia Financiera de Colombia (SFC), publicó el 6 de agosto de 2025, la Circular Externa 009 de 2025 por medio de la cual se amplía el plazo que inicialmente se había otorgado a las entidades sometidas a la...more

Ballard Spahr LLP

32 Attorneys General call for enactment of marijuana banking legislation

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Thirty-two attorneys general representing states, territories and Washington, D.C. are asking Congress to pass legislation to provide financial institutions a safe harbor if they provide services to marijuana-related...more

Troutman Pepper Locke

Crypto's Capital Markets Revolution: Insights From GSR's Josh Riezman — The Crypto Exchange Podcast

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In this episode of The Crypto Exchange, Genna Garver is joined by Josh Riezman, chief strategy officer and head of U.S. legal at GSR, to discuss the evolving landscape of digital assets and the regulatory environment...more

Mayer Brown

Asset-Level Eligibility Series: Margin Stock

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This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility’s borrowing base, the underlying loan cannot be margin stock....more

A&O Shearman

BIS Innovation Hub Launches Project Noor to Explain AI Models for Financial Supervision

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The BIS Innovation Hub has announced the launch of Project Noor, a collaborative initiative with the Hong Kong Monetary Authority and the UK Financial Conduct Authority aimed at enhancing the transparency and accountability...more

Blake, Cassels & Graydon LLP

Payments Canada Publishes RTR Participation Guide for Payment Service Providers

On August 21, 2025, Payments Canada published its RTR Participation Guide for Payment Service Providers (Guide), clarifying how payment service providers (PSPs) can become participants in Canada’s new real-time payments...more

Morgan Lewis

CFPB Invites Comment on Larger Participant Thresholds

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The Consumer Financial Protection Bureau has issued advance notices of proposed rulemaking seeking public comment on whether to revise the thresholds that define “larger participants” in key consumer financial industries....more

K2 Integrity

[Webinar] Lonely Wolves: The Case for Deeper Collaboration to Prevent Fraud - September 9th, 9:00 am ET

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Fraud is a systemic issue and always involves more than one financial institution. Yet, there is no jurisdiction-wide technological solution for combating fraud; irrespective of the robustness of their individual counterfraud...more

Freiberger Haber LLP

Conflicts of Interest and No-Action Clauses

Freiberger Haber LLP on

In Finkelstein v. U.S. Bank, N.A., 2025 N.Y. Slip Op 32882(U) (Sup. Ct., July 30, 2025) (here), plaintiff alleged that he was underpaid on his investment in a residential mortgage-backed securities (“RMBS”) trust due to the...more

Ankura

Banking Industry Outlook: U.S. Banking M&A Activity Mid-Year Review

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Active First Half: The first half of 2025 saw 72 U.S. banking mergers and acquisitions (M&A) transactions announced, representing a combined deal value of $10.39 billion....more

McGlinchey Stafford

Podcast: Deep Dive into Unsecured Lending [More with McGlinchey, Ep. 79]

McGlinchey Stafford on

The next episode in McGlinchey’s Deep Dive into Lending series takes a close look at unsecured lending with insights from Aaron Kouhoupt and Adam Maarec. They discuss innovations in loan applications, underwriting, and...more

Orrick, Herrington & Sutcliffe LLP

Treasury seeks public input on innovative methods to detect illicit digital asset activity

On August 18, the Treasury issued a request for public comment on technologies and strategies to help financial institutions identify and mitigate illicit financial risks involving digital assets. The notice solicited...more

Orrick, Herrington & Sutcliffe LLP

OCC releases updated Bank Accounting Advisory Series

On August 15, the OCC released its annual update to the Bank Accounting Advisory Series (BAAS). The BAAS is an ongoing series that addresses a range of accounting topics relevant to national banks and federal savings...more

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