Happy New Year everyone. As I do every year at this time I make a few predictions for the year...
State legislators have voiced opposition to the Office of the Comptroller of the Currency's (OCC) proposed fintech charter; primarily concerned with nationalized rules that would ease regulations currently in place by state governments and allow payday lenders to evade state rules established for consumer protection; senators have also opposed the national charters suggesting that federal regulators collaborate with state regulators; the OCC's comment period for the proposed fintech charter is open until January 15. Source
Back in early December the OCC announced their intention to create a national Fintech Charter. At the time they announced a...
Bob Kerrey highlights positive factors resulting from an OCC fintech charter in an American Banker opinion editorial; notes the regulatory perspective of both democrats and republicans; says the charter will lower prices and result in better products while also promoting competition; Kerrey also suggests a continuation of state and attorney general enforcement of civil and criminal laws against fraud and unfair and deceptive practices which would ensure the charter does not allow businesses to escape set standards. Source
Today, the Office of the Comptroller of the Currency (OCC) released their long-awaited supplement on the new Fintech Charter. They officially...
The Office of the Comptroller of the Currency (OCC) has cited fintech as a risk for traditional banks in its "Semiannual Risk Perspective for Fall 2016"; the semiannual OCC report discusses risks for national banks and federal savings associations with data through June 30, 2016; says strategic planning is important for banking innovation and that banks who do not innovate to meet evolving needs may be at a competitive disadvantage. Source
The comment period for the Office of the Comptroller of the Currency's fintech charter proposal closed on January 17 and the New York Department of Financial Services (NY DFS) was among the commenters; the NY DFS opposes the federal fintech charter; says state regulations have evolved to provide the necessary oversight; also notes that the regulations will create confusion, harm small business innovation, create monopolized institutions, increase competitive risks of non-bank entities and facilitate evasion of consumer protection. Source
In December the Office of the Comptroller of the Currency (OCC) released its proposal for a fintech charter with an open comment period until January 15; the OCC has received numerous comments which can be found here; Lend Academy and LendIt submitted a response in favor of the fintech charter; their response outlines the difficulties online lenders have in complying with different rules in each of the 50 states; suggests nationalization of regulation would make platform operations more efficient and help the industry to broaden the benefits it can offer to financial inclusion and other nationwide initiatives. Source
Thomas Curry spoke on the Office of the Comptroller of the Currency's fintech charter at LendIt USA; Curry primarily refuted arguments against the OCC's authority for establishing a fintech charter; Curry sited the National Bank Act stating, "To be clear, the National Bank Act does give the OCC the legal authority to grant national bank charters to companies engaged in the business of banking."; the banking charter would encompass all fintech companies engaging in banking activities regardless of whether or not they take banking deposits; the OCC is still evaluating the provisions of the fintech charter following its December 2016 white paper and comment period which ended in January 2017. Source
The Office of the Comptroller of the Currency (OCC) released its fintech charter in March; many state regulators oppose the charter saying the OCC doesn't have the authority to offer the charter and that the charter is dangerous, unnecessary and violates state sovereignty; Brian Knight from the Mercatus Center at George Mason University discusses these arguments and how state legislation may evolve with the introduction and debate of the fintech charter. Source