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Office of the Comptroller of the Currency Fintech Charter Financial Services Industry

Davis Wright Tremaine LLP

New Administration Outlook: An Opening for a National Payments/Fintech Charter – and a Pathway to Financial Modernization?

Recent announcements by Trump Media and Technology Group (TMTG) and X might signal that financial modernization may have finally reached a tipping point. With the right regulatory environment, fintechs and other new market...more

Jones Day

OCC Victory Not a Clear Win for Fintech Charters

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On June 3, 2021, the Court of Appeals for the Second Circuit issued a decision in the OCC's appeal of the SDNY decision in Lacewell v. Office of the Comptroller of the Currency in which the NYDFS had successfully challenged...more

Ballard Spahr LLP

OCC files reply brief with Second Circuit in appeal from district court judgment in NYDFS lawsuit challenging fintech charter

Ballard Spahr LLP on

The OCC has filed its reply brief with the Second Circuit in its appeal from the district court’s final judgment in the lawsuit filed by the New York Department of Financial Services (DFS) challenging the OCC’s issuance of...more

Ballard Spahr LLP

Varo Is First FinTech to Receive Full-Service Charter from the OCC

Ballard Spahr LLP on

On July 31, 2020, the Office of the Comptroller of the Currency (OCC) approved the national bank charter application of Varo Bank, N.A., a wholly-owned subsidiary of fintech Varo Money, Inc. The approved application is for a...more

Polsinelli

OCC FinTech Charter Meets The Empire State

Polsinelli on

The New York State Department of Financial Services (NYDFS) recently asked the Second Circuit Court of Appeals to affirm a lower court decision blocking the Office of the Comptroller of the Currency (OCC) from issuing...more

Ballard Spahr LLP

OCC files brief with Second Circuit in appeal from district court judgment in NYDFS lawsuit challenging fintech charter

Ballard Spahr LLP on

The OCC has filed its opening brief in its appeal to the Second Circuit from the district court’s final judgment in the lawsuit filed by the New York Department of Financial Services (DFS) seeking to block the OCC’s issuance...more

Jones Day

OCC Fintech Charter Headed to the Second Circuit

Jones Day on

The Situation: The Office of the Comptroller of the Currency ("OCC") has appealed a decision from the Southern District of New York that concluded that the OCC lacks the authority to grant "Fintech Charters" to nondepository...more

Ballard Spahr LLP

OCC appeals NY federal district court final judgment in NYDFS lawsuit challenging fintech charter

Ballard Spahr LLP on

The OCC has appealed to the Second Circuit from the district court’s final judgment entered in October 2019 in the lawsuit filed by the New York Department of Financial Services seeking to block the OCC’s issuance of special...more

Cadwalader, Wickersham & Taft LLP

Marketplace Lending Update #7: This and That

There have been a handful of recent marketplace lending developments that indicate that the legal uncertainties in the post-Madden world are not going away anytime soon....more

A&O Shearman

US Court Rejects Suit Over Office of the Comptroller of the Currency FinTech Charter

A&O Shearman on

Judge Dabney Friedrich of the U.S. District Court for the District of Columbia has dismissed a lawsuit brought by the Conference of State Bank Supervisors (CSBS) that would have prevented the Office of the Comptroller of the...more

Ballard Spahr LLP

Court dismisses lawsuit filed by state regulators to block OCC fintech charter

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The D.C. federal district court has granted the OCC’s motion to dismiss the lawsuit filed by the Conference of State Bank Supervisors (CSBS) to block the OCC from issuing special purpose national bank (SPNB) charters to...more

Nutter McClennen & Fish LLP

Fintech in Brief: CSBS Challenge to OCC Fintech Charter Dismissed

On September 3, 2019, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia dismissed the Conference of State Bank Supervisors’ (“CSBS”) second suit challenging the Office of the Comptroller of the...more

Ballard Spahr LLP

Fed proposal to revise control rules would not create alternative to OCC fintech charter

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The Federal Reserve Board has published in the Federal Register a notice of proposed rulemaking with request for comment on a proposal to simplify and increase transparency of its rules for determining control of a banking...more

Ballard Spahr LLP

NY Federal District Court Deals Blow To OCC Fintech Charter

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A dark cloud is now hanging over the OCC’s decision to accept applications for special purpose national bank (SPNB) charters from fintech companies as a result of the opinion issued last week by a New York federal district...more

K&L Gates LLP

FinTech Forward: The OCC FinTech Charter

K&L Gates LLP on

In this episode, John ReVeal discusses the background of OCC special purpose charter for FinTechs, including authority and scope. The episode also addresses the concerns and requirements for most FinTechs, including the...more

Ballard Spahr LLP

NYDFS files opposition to OCC motion to dismiss lawsuit challenging fintech charter

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The New York Department of Financial Services has filed a memorandum of law opposing the OCC’s motion to dismiss the NYDFS’s second lawsuit seeking to block the OCC’s issuance of special purpose national bank (SPNB) charters...more

Ballard Spahr LLP

Fed reported to have reservations about fintech charter

Ballard Spahr LLP on

Last July, the OCC announced its decision to accept applications for special purpose national bank (SPNB) charters from fintech companies. ...more

Nutter McClennen & Fish LLP

How Fintech Regulatory Sandboxes Can Help the United States Catch Up to Europe and Asia

The framework of a regulatory sandbox should allow for informal dialogue with regulators at the idea or initial concept and early design stages, and controlled experiments with real-time regulatory input and feedback at the...more

Ballard Spahr LLP

OCC and N.Y. State Department of Financial Services Trade Contentious Pre-Motion Letters in Fintech Charter Dispute

Ballard Spahr LLP on

Attorneys for defendants, U.S. Comptroller and the Office of the Comptroller of the Currency (together “the OCC”), in the pending Southern District of New York lawsuit, Vullo v. OCC, submitted a letter to the court announcing...more

Ballard Spahr LLP

State regulators file second lawsuit opposing OCC fintech charter

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The Conference of State Bank Supervisors (CSBS) has filed a second lawsuit in D.C. federal district court to stop the Office of the Comptroller of the Currency (OCC) from issuing special purpose national bank (SPNB) charters...more

Kilpatrick

Comptroller Otting Provides Spirited Defense of the OCC’s Fintech Charter Decision

Kilpatrick on

In an opinion piece published in American Banker, Comptroller of the Currency Joseph Otting asserts that the decision by the Office of the Comptroller of the Currency (OCC) to begin accepting applications for special purpose...more

Snell & Wilmer

Emerging Trends in the Regulation of Fintech and Blockchain Technology: An Update on the National Fintech Charter

Snell & Wilmer on

Given the heavily regulated nature of financial services in the United States, it should not be a surprise that one of the biggest challenges facing the “fintech” industry is regulatory uncertainty. As explained by the...more

Kilpatrick

OCC Announces Preliminary Approval of Fintech Bank’s National Bank Charter

Kilpatrick on

Last fall, we reported that one fintech company – Varo Money, Inc. – a mobile banking startup helping customers solve financial problems, manage money and reach financial goals, applied to the Office of the Comptroller of the...more

Kilpatrick

Federal Reserve Hints at Upcoming Payments Announcement and Evaluation of Fintech Companies that Receive an OCC SPNB Charter

Kilpatrick on

Press reports indicate that the Board of Governors of the Federal Reserve System plans to announce the next step in its effort to speed payments in the U.S. financial system later this year. “We’ve been assessing various...more

Ballard Spahr LLP

Fintech bank announces preliminary OCC approval of national bank charter

Ballard Spahr LLP on

In a press release, the organizers of Varo Bank, N.A. announced they have been granted preliminary approval by the OCC of their application to form a de novo national bank, which they claim “put[s] Varo on track to become the...more

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