News & Analysis as of

Banking Sector Banks

Orrick, Herrington & Sutcliffe LLP

House Financial Services Com. scrutinizes Basel III Endgame proposal

On September 25, the U.S. House Financial Services Committee held a hearing to scrutinize the Basel III Endgame proposal, which has faced significant criticism from various stakeholders. Rep. Andy Barr (R-KY) opened the...more

Orrick, Herrington & Sutcliffe LLP

FHFA publishes credit risk management guidance

On September 27, the FHFA published Advisory Bulletin AB 2024-03 which provided guidance to FHLBanks on establishing and maintaining a member credit risk management framework. The bulletin highlighted the importance of...more

Morgan Lewis

CFPB Portal for State and Local Orders Opens: Risks Remain

Morgan Lewis on

The Consumer Financial Protection Bureau (CFPB) recently promulgated a final rule requiring certain nonbank financial companies to register public orders issued by federal, state, or local agencies that contain prospective...more

Orrick, Herrington & Sutcliffe LLP

CFPB receives first application for open banking standard setter recognition

On September 24, the CFPB received its first application for open banking standard setter recognition under Section 1033 of the Dodd-Frank Act. As previously covered by InfoBytes, the CFPB initiated its public comment period...more

Orrick, Herrington & Sutcliffe LLP

FHFA releases NPRM on capital requirements for FHLBanks

On September 27, the FHFA released its NPRM and request for comment to amend capital requirements for FHLBanks to modify limits on unsecured credit extensions. The proposal seeks to exclude interest-bearing deposit accounts...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Law Prohibiting State Banks and Credit Unions from Charging NSF Fees

On September 24, the Governor of California signed AB 2017 (the “Act”) into law. The Act prohibits state-chartered banks and credit unions from charging consumers non-sufficient fund fees (“NSF fees”) when they initiate...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases seven enforcement actions for August 2024

On September 27, the FDIC released a list of eight administrative enforcement actions, like cease and desist orders or stipulated orders, taken against banks and individuals in August. The public orders comprised of seven...more

Orrick, Herrington & Sutcliffe LLP

Banks each pay $1M to FDIC for unspecified rewards program issue

Recently, the FDIC ordered two affiliated state nonmember banks to each pay a $1,000,000 civil monetary penalty (orders here and here). These penalties resolve claims of unfair practices related to their rewards programs and...more

Orrick, Herrington & Sutcliffe LLP

Fed’s Cook delivers remarks regarding artificial intelligence

On October 1, Fed Board of Governors Member Lisa D. Cook delivered remarks titled “Artificial Intelligence, Big Data, and the Path Ahead for Productivity” at a conference organized by the Federal Reserve Banks of Atlanta,...more

Orrick, Herrington & Sutcliffe LLP

OCC releases September CRA Evaluations

On October 1, the OCC released its CRA performance evaluations for September. The OCC evaluated 21 entities, including national banks, federal savings associations and insured federal branches of foreign banks. The assessment...more

Goodwin

CFPB Issues Guidance Emphasizing the Importance for Banks to Maintain Sufficient Proof of Customers’ Affirmative Consent to...

Goodwin on

In recent discussions surrounding banking practices, the issue of overdraft fees, particularly for ATM and one-time debit card transactions, has gained significant attention....more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Have State-Chartered, FDIC-Insured Banks Finally Achieved Interstate Usury Parity with...

Ballard Spahr LLP on

In today’s podcast, which repurposes a recent webinar, we examine the impact, if any, of a landmark opinion rendered by Judge Daniel Domenico of the Federal District Court for the District of Colorado in a case challenging...more

Orrick, Herrington & Sutcliffe LLP

House Committee urges GAO to review banking agencies’ ties to greening group

On September 12, the House Committee on Financial Services penned a letter requesting GAO assistance in evaluating the memberships of federal banking agencies in the Network of Central Banks and Supervisors for Greening the...more

A&O Shearman

Regulatory monitoring - September 2024

A&O Shearman on

1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) EU - EC: Report on the future of European competitiveness Status: Final - The EC has published a report on the future of European competitiveness,...more

Orrick, Herrington & Sutcliffe LLP

Fed issues RFI to assess discount window operations and access to intraday credit

Recently, the Fed issued an RFI and comment period on the operational aspects of the discount window and the provision of intraday credit to banks and credit unions. The discount window allows depository institutions to...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases final Statement of Policy on bank merger transactions

On September 17, the FDIC Board approved its Final Statement of Policy on Bank Merger Transactions (SOP), updating the guidelines for evaluating bank mergers. The OCC recently released its final rule on the BMA to provide...more

Orrick, Herrington & Sutcliffe LLP

OCC highlights recent enforcement actions

On September 19, 2024, the OCC released a list of recent enforcement actions against a federal savings bank, a national bank, and an individual affiliated with a national bank (an institution-affiliated party, or IAP)....more

Orrick, Herrington & Sutcliffe LLP

GOP Reps urge efficient review of credit-linked note transactions

On September 16, several GOP lawmakers signed a letter urging the Fed to expedite its review process for approving regulated entities’ applications for risk adjusted treatment for the direct issuance of credit-linked notes. ...more

Hogan Lovells

Luxembourg: A new hub for private credit funds?

Hogan Lovells on

Private debt funds, also known as private credit funds, have emerged as powerful investment vehicles, offering diversification and attractive risk-adjusted returns in today's challenging financial markets.  Luxembourg, with...more

Hogan Lovells

UK FCA confirms extension to motor finance complaint handling pause

Hogan Lovells on

In July this year the FCA announced that, following the launch of a review of historical motor finance commission arrangements and sales across several firms (January 2024), it was pushing back the timing for publication of...more

Orrick, Herrington & Sutcliffe LLP

CFPB launches public comment process for open banking standard setter recognition

On September 24, the CFPB initiated a public comment process for recognizing organizations as open banking standard setters. The first application open for public comment was from the Financial Data Exchange (FDX). The CFPB...more

Mintz - ML Strategies

2024 Pre-Election Analysis: Financial Services

Mintz - ML Strategies on

Financial services encompass a wide range of services offered by the nation’s financial institutions, including banking, mortgage, investment, and credit services. The next administration and Congress’s financial services...more

Nutter McClennen & Fish LLP

Nutter Bank Report: September 2024

The FDIC, OCC, and U.S. Department of Justice (DOJ) have coordinated the release of new policies that will govern each agency’s consideration of bank merger transactions. The FDIC and OCC each published final statements of...more

Orrick, Herrington & Sutcliffe LLP

Colorado urges 10th Cir. to reverse lower court’s preliminary injunction

On September 16, the Colorado Attorney General filed a brief in the U.S. Court of Appeals for the Tenth Circuit, urging the court to reverse a District Court’s preliminary injunction against enforcement of Colorado’s UCCC...more

Orrick, Herrington & Sutcliffe LLP

California bans state banks and credit unions from charging NSF fees

On September 24, the Governor of California signed AB 2017 (the “Act”) into law, prohibiting state-chartered banks and credit unions from charging NSF fees when consumers initiate transactions that are instantaneously or near...more

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