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Last week was busy for the financial technology industry (Fintechs) and non-bank regulators.

New York joined the Conference of State Bank Supervisors (CSBS) in filing a lawsuit against the Office of the Comptroller of the Currency (OCC), and announced plans to adopt a uniform licensing system for Fintechs. CSBS issued its support of the lawsuit, announced Vision 2020 for Fintechs, and invited industry to participate in developing the uniform licensing system (the Nationwide Multistate Licensing System, or NMLS) chosen by most state regulatory agencies as the universal platform for licensing and supervising the Fintech business sector.

Learn more about Vision 2020 and NMLS 2.0 in Mayer Brown’s Legal Update.

Financial services providers, marketplace lenders and secondary market purchasers doing business in the state of New York can breathe at least a temporary sigh of relief this week.   Controversial changes proposed to the state’s Licensed Lender Law included in a pair of companion budget bills were dropped when these bills were amended on Monday.  Assembly Bill 3008 and Senate Bill 2008, as introduced in the legislature on January 23, 2017 would have expanded the scope of consumer and commercial loans, and types of business activities, subject to licensing by the New York Department of Financial Services (the “Department”) under the Licensed Lender Law. If enacted into law, these proposed amendments would have triggered new licensing obligations for companies doing business in the state, potentially reaching marketplace lenders, other Fintech companies and secondary market purchasers.

Continue Reading Controversial Changes to New York’s Licensed Lender Law Dropped from Latest Version of Budget Bills*

Five Mayer Brown attorneys in the Financial Services Regulatory & Enforcement group presented at the American Bar Association Business Law Section Annual Meeting in Boston last week.

Ori Lev spoke on a panel discussing the CFPB’s enforcement track record.  The panel addressed a study by Professor Chris Peterson of the S.J. Quinney College of Law at the University of Utah that provided an empirical analysis of the CFPB’s enforcement cases and Ori’s analysis of the CFPB’s use of its new abusiveness authority.

Matthew Bisanz moderated, and Jeff Taft participated on, a Banking Law Committee panel discussion of current cybersecurity issues for large financial institutions, including the regulatory and enforcement posture of the federal banking agencies; examiner expectations; government response to cyber events at financial institutions; and the relevance of the CFPB’s consent order against Dwolla to larger banking organizations.

David Beam moderated a panel on legal issues presented by various applications of blockchain technology, particularly in connection with consumer financial products.  Panelists included representatives of American Express Company, Capital One, and the Federal Trade Commission.

Alicia Kinsey spoke on a panel discussing BSA/AML compliance challenges for community banks, which included a discussion of FinCEN’s new customer due diligence rule, NYDFS AML/sanctions rule on transaction monitoring and filtering programs, as well as observations on AML compliance issues from regulators from the FRB and NCUA.

Tomorrow, September 13, 2016, Mayer Brown partner Jeff Taft will be speaking at the inaugural Marketplace Lending Policy Summit in Washington, D.C.  Jeff will be on a panel covering “Hot Legal Topics in Marketplace Lending.”

David BeamKeisha Whitehall-Wolfe, and Eric Mitzenmacher also will be attending the conference.

 

The Board of Governors of the Federal Reserve System, the Consumer Financial Protection Bureau (“CFPB”), the Federal Deposit Insurance Corporation (“FDIC”), the National Credit Union Administration, and the Office of the Comptroller of the Currency (“OCC”) issued guidance on May 18, 2016 outlining the agencies’ supervisory expectations regarding customer account deposit reconciliation practices. The guidance does not impose any new requirements, but reminds institutions of the expectation that they implement policies and procedures to protect customers where there is a credit discrepancy (e.g., difference between the amount of the actual deposit and the amount credited to the customer’s account). Continue Reading CFPB and Prudential Regulators Issue Guidance on Deposit Reconciliation Practices