News & Analysis as of

Financial Services Industry Licensing Rules

Carey Olsen

A guide to blockchain and cryptocurrency regulation 2024: British Virgin Islands (GLI chapter)

Carey Olsen on

Chris Duncan and Katrina Lindsay have authored the British Virgin Islands (BVI) chapter of Global Legal Insight's sixth edition guide to blockchain and cryptocurrency regulation. The chapter covers the BVI legal requirements...more

Walkers

Global Legal Insights Fintech 2024: Jersey chapter

Walkers on

Financial technology is already well established in Jersey, and firms are embedding technological solutions which enhance their products and services, increase efficiencies, and provide greater transparency. Originally...more

Stikeman Elliott LLP

Ontario Consultation on Regulating Life & Health Managing General Agents Launched

Stikeman Elliott LLP on

On July 26, 2024, the Ontario Ministry of Finance launched a consultation on proposed amendments to the Insurance Act that would create a regulatory framework for life and health managing general agents (L&H MGAs) and those...more

Mayer Brown

Wisconsin Expands Scope of Consumer Loan Licensing Provisions

Mayer Brown on

In addition to the states that, similar to Washington, have adopted “true lender” provisions, several states have recently enacted changes to their consumer loan licensing laws that expand the scope of the licensing...more

Hudson Cook, LLP

State Licensing Pitfalls Mortgage Servicers Must Beware

Hudson Cook, LLP on

In many states, a company that services a residential mortgage loan by collecting payments from borrowers must hold a mortgage servicer license. What can come as a surprise, however, is that those licenses can also apply to...more

Ballard Spahr LLP

CSBS to Release Enhancements to Nationwide Multistate Licensing System & Registry (NMLS) on July 20.

Ballard Spahr LLP on

The Conference of State Bank Supervisors (CSBS) will release the first phase of major enhancements to the Nationwide Multistate Licensing System & Registry (NMLS) on July 20....more

Barnea Jaffa Lande & Co.

Regulation of Payment Services Law Comes into Effect

On June 6, 2024, the Regulation of Payment Services and Payment Initiation Law came into effect. Relevant entities may now submit license applications for providing payment and payment initiation services....more

Allen Matkins

A Critical Prepositional Phrase Is Missing From This California Statute

Allen Matkins on

It is a peculiar hubris of California's legislators that they often presume to extend the application of the state's laws beyond its legal borders.  Corporations Code Section 2115, for example, presumes to apply multiple...more

Orrick, Herrington & Sutcliffe LLP

DFPI proposes amendments to regulations under the California Debt Collection Licensing Act

On June 17, the California DFPI proposed to amend the California Code of Regulations relating to requirements under the Debt Collection Licensing Act (DCLA) and will be accepting comments through July 3. The proposed...more

Hudson Cook, LLP

Company Violates Mortgage Law by Holding Servicing Rights without License

Hudson Cook, LLP on

It is usually no surprise to companies operating in the financial services space that they may need a state license to make or service consumer loans. That is particularly true when the loans are highly regulated residential...more

Hudson Cook, LLP

New York Financing Arrangements Bill Would Have Major Implications for Commercial Financing

Hudson Cook, LLP on

A bill before the New York State Assembly would, if passed, have major implications for a variety of financing transactions in the Empire State. Titled the End Loan Sharking Act, Assembly Bill 9585 would subject a variety of...more

Sheppard Mullin Richter & Hampton LLP

Wisconsin Signs Earned Wage Access Bill into Law

On March 21, Wisconsin enacted into law Assembly Bill 574, positioning it as the third state, following Nevada and Missouri, to establish a comprehensive regulatory framework for earned wages access (EWA) services and...more

Goodwin

Wisconsin Becomes Third State to Enact Law Regulating Earned Wage Access Services

Goodwin on

Following Nevada and Missouri in 2023, Wisconsin has become the third state (and the first in 2024) to enact a law that establishes a financial services oversight regime for earned wage access services, also known as...more

Seyfarth Shaw LLP

The Week in Weed: March 2024 # 3

Seyfarth Shaw LLP on

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we note that New York Governor Hochul has had just about enough of the problems with cannabis licensing in...more

Walkers

Cayman Islands and BVI Sanctions Update – New Licensing Grounds for Russia Related Divestments

Walkers on

New specific licensing grounds available under Cayman Islands and BVI Russia sanctions will pave the way for Cayman Islands and BVI investment funds and other entities to divest their frozen assets in Russia as well as remove...more

Allen Matkins

California Bill Would Require Licensing Of Commercial Financing Providers

Allen Matkins on

Last week, Senator Steven M. Glazer introduced a bill, SB 1482,  that would require licensing of "commercial financing providers" and "commercial financing brokers" with the Department of Financial Protection & Innovation...more

Ballard Spahr LLP

South Dakota Regulator Requires BSA/AML Compliance for Money Lender Licensees and Non-Residential Mortgage Lenders

Ballard Spahr LLP on

The South Dakota Division of Banking issued a Memorandum notifying all licensed money lenders and non-residential mortgage lenders of their Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”) obligations under a 2020 Final...more

Ballard Spahr LLP

“True Lender Act” Bill Proposed in Maryland

Ballard Spahr LLP on

Maryland has joined the ranks of states considering legislation that would codify elements of “true lender” theory in an effort to impose federally preempted state licensing requirements and rate caps on loans to Maryland...more

A&O Shearman

Wealth management by "family offices" in Poland and the licensing requirements

A&O Shearman on

In recent years, there has been an increased interest in Poland in the services of so-called "family offices", ie private wealth management. Undoubtedly, the demand for such services has grown with the increased affluence...more

Hudson Cook, LLP

Florida Regulator Clarifies Money Transmitter Licensing Exemptions (or lack thereof)

Hudson Cook, LLP on

Among the many state licenses that can impact financial services companies, money transmitter licensing can be among the harder to figure out. In addition to uncertainties about digital currency and developing technologies,...more

WilmerHale

Crypto Currently: California Enacts Landmark Crypto Licensing Law

WilmerHale on

On October 13, Governor Gavin Newsom signed into law a comprehensive licensing regime for digital asset companies operating in California. Until this point, California had refrained from taking a definitive position on...more

Goodwin

Transactions in the Insurance Space: 4 Key Regulatory Issues

Goodwin on

The financial services industry continues to experience substantial growth and innovation as companies develop new ways to address evolving consumer expectations and risks. “Insurtech” refers to a relatively new and rapidly...more

Mayer Brown

MSR Fund Investments: 7 Aspects to Consider

Mayer Brown on

While residential mortgage lenders are facing tough headwinds driven by rising interest rates and low housing volume, the current market presents opportunities for savvy investors looking at mortgage servicing rights...more

Mayer Brown

MSR Fund Investments: 7 Aspects to Consider

Mayer Brown on

While residential mortgage lenders are facing tough headwinds driven by rising interest rates and low housing volume, the current market presents opportunities for savvy investors looking at mortgage servicing rights...more

Ballard Spahr LLP

New Jersey Appellate Division Affirms Dismissal of Consumer Fraud Class Action Against Debt Collector under the New Jersey...

Ballard Spahr LLP on

The Superior Court of New Jersey, Appellate Division in Jennifer Woo-Padva v. Midland Funding, LLC, recently affirmed the dismissal of consumer fraud claims brought against a debt collector pursuant to the New Jersey Consumer...more

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