Tag Archives: Regulatory policy

Australia and Malta Adopt Different Approaches to Cryptocurrency and Blockchain Regulation

The Australian Transaction Reports and Analysis Center (“AUSTRAC”) recently implemented a new regulation for digital currency exchange providers operating in Australia called the Anti-Money Laundering and Counter-Terrorism Financing (Digital Currency Exchange Register) Policy Principles 2018.  AUSTRAC is Australia’s financial intelligence agency and is responsible for the enforcement of Australia’s Anti-Money Laundering and Counter-Terrorism Financing Act … Continue Reading

CFPB Releases Draft Strategic Plan for FY 2018–2022

On October 18, 2017, the Consumer Financial Protection Bureau published a draft Strategic Plan for FY 2018–2022 and invited comment by November 18, 2017. The draft is organized around four overarching goals: Prevent financial harm to consumers while promoting good practices that work for consumers, responsible providers, and the economy as a whole. Empower consumers … Continue Reading

As New Commissioners Come Onboard, CFTC Can Begin Moving Forward

For nearly six months following former Chairman Timothy G. Massad’s resignation from the Commodity Futures Trading Commission (“CFTC”), the CFTC operated with only two commissioners, current Chairman J. Christopher Giancarlo and Commissioner Sharon Y. Bowen. Even with only two commissioners, the CFTC was able to undertake several regulatory initiatives, including Project KISS, an effort towards … Continue Reading

Trump Directs Treasury to Review Dodd-Frank Orderly Liquidation Authority and FSOC Processes

On Friday, April 21, President Donald Trump signed two presidential memoranda, directing the Secretary of the Treasury (the “Secretary”), Steve Mnuchin, to review two major provisions of the Dodd-Frank Act: orderly liquidation authority (“OLA”) for financial companies under Title II, and the decision-making processes of the Financial Stability Oversight Council (“FSOC”). Consistent with the Trump … Continue Reading

OCC Issues Draft Licensing Manual for Evaluating Charter Applications from Fintech Companies

On Wednesday, the Office of the Comptroller of the Currency (“OCC”) issued a highly-anticipated draft supplement to its Licensing Manual (the “Supplement”) for evaluating applications from fintech companies for a special purpose national bank (“SPNB”) charter. The Supplement explains how the OCC will apply its existing licensing standards and requirements to these companies. The OCC … Continue Reading

FDIC Vice Chairman Hoenig’s Proposal for Regulation of Financial Holding Companies

As has been widely reported, FDIC Vice Chairman Thomas Hoenig put forward in remarks to the Institute of International Bankers on Monday, March 13, a “Market-Based Proposal for Regulatory Relief and Accountability” (the “Hoenig Proposal” or the “Proposal”).  If adopted, the Hoenig Proposal would substantially change the regulation of large and complex banking organizations doing … Continue Reading

Trump Administration Issues Executive Order For Implementation of Regulatory Reforms

Having released executive orders directing federal agencies to curb the issuance of new regulations and requiring a regulatory review of financial regulations, President Trump issued a new executive order on February 24, 2017 (the “Order”) to create a process within the federal agencies for implementing his administration’s deregulatory agenda. The Order contains two general requirements.  … Continue Reading

CFPB Issues Request for Information on Alternative Data and Modeling Techniques

On February 16, 2017, the Consumer Financial Protection Bureau issued a request for information (“RFI”) regarding the potential benefits and risks of relying on alternative data and modeling techniques in the consumer credit marketplace. In contrast with information that has traditionally defined a consumer’s credit history—such as debt repayment history and the existence of current … Continue Reading

President Trump Signs First Congressional Review Act Disapproval Resolution in 16 Years

On February 14, 2017, President Donald Trump signed a resolution nullifying a Securities and Exchange Commission (“SEC”) regulation that required energy companies to disclose foreign payments. This marks the first successful use of the Congressional Review Act (“CRA”) procedure in 16 years, and only the second successful use since the statute passed in 1996.  Several … Continue Reading

Trump Administration Issues Executive Order to Curb New Regulations

On January 30, 2017, President Trump issued an Executive Order to reduce the number of federal regulations and control regulatory costs (the “Order”). The Order, which applies to any “executive department or agency”— forbids any such department or agency from issuing a new regulation unless it identifies two existing regulations to be rescinded, unless prohibited … Continue Reading

Massad to Step Down as CFTC Chairman

On January 3, 2017, Timothy G. Massad announced that he will step down as chairman of the Commodity Futures Trading Commission (“CFTC” or “Commission”) on Inauguration Day, January 20, 2017.  Chairman Massad’s announcement also notes that he will also step down as a Commissioner after a few weeks. President Barack Obama nominated Chairman Massad to … Continue Reading

House Freedom Caucus Takes Aim at Financial Regulations

On December 14, 2016, House Freedom Caucus Chairman Mark Meadows released a special report (the “Report”) detailing over 200 rules, regulations, and executive orders the Caucus recommends that President-Elect Donald Trump should examine, revoke, or issue in his first 100 days in office. The report targets for repeal a diverse set of regulations finalized or … Continue Reading

Federal Reserve Issues Final Standard for Long-Term Debt, Total Loss Absorbing Capacity, and Clean Holding Company Requirements for Largest Banking Organizations

On December 15, 2016, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) issued a final rule requiring global systemically important banking organizations (“G-SIBs”) to issue minimum amounts of “plain vanilla” unsecured long-term debt and total loss-absorbing capacity (“TLAC”) instruments, and to maintain so-called “clean” holding companies that have no “runnable” liabilities. … Continue Reading

Post-Election Outlook for Financial Regulatory Agencies: U.S. Securities and Exchange Commission

Republican president-elect Donald J. Trump, with the support of a Republican controlled Senate and House of Representatives, promises to bring in a new era of limited government, rolling back legislation enacted under President Obama’s administration. This transition to a new administration will have a significant impact on each of the federal financial regulatory agencies, including … Continue Reading

OCC Head Argues Against Loosening Bank Standards

In a speech delivered to The Clearing House on November 30, 2016, Comptroller of the Currency Thomas J. Curry argued against weakening the capital, leverage, liquidity and supervisory standards that were put in place in response to the 2008 financial crisis.  Throughout his remarks, Comptroller Curry rejected the notion that the current standards are unduly … Continue Reading

Post-Election Outlook for Financial Regulatory Agencies: Federal Deposit Insurance Corporation

The election of Donald J. Trump as President, along with continued Republican control of the Senate and House of Representatives, promises to bring change to the Federal Deposit Insurance Corporation (“FDIC”).  The transition at the FDIC should be gradual due to the structure of the agency’s board of directors.  The five-person board consists of three … Continue Reading

Post-Election Outlook for Financial Regulatory Agencies: The Consumer Financial Protection Bureau

The transition to a new administration with the election of Republican Donald J. Trump as President, along with continued Republican control of the Senate and House of Representatives, promises to bring substantial change to each of the federal financial regulatory agencies. Changes in leadership at those agencies will likely result in substantial changes in policy … Continue Reading

Post-Election Outlook for Financial Regulatory Agencies: Office of the Comptroller of the Currency

The transition to a new administration with the election of Republican Donald J. Trump as President, along with continued Republican control of the Senate and House of Representatives, promises to bring substantial change to each of the federal financial regulatory agencies.  Changes in leadership at the federal financial regulatory agencies will likely result in substantial … Continue Reading

Post-Election Outlook for Financial Regulatory Agencies: Federal Trade Commission

On the campaign trail, President-elect Trump said little about his plans for the Federal Trade Commission (“FTC” or “Commission”), but he has a unique opportunity to remake the FTC early in his term, because of an unusual number of Commissioner vacancies, one expired term, and his presidential prerogative to designate one Commissioner as the Chair.… Continue Reading

Post-Election Outlook for Financial Regulatory Agencies: Financial Crimes Enforcement Network

President-Elect Donald J. Trump has said little about his plans for money laundering and terrorist financing enforcement, or his plans for the agency responsible for many of the Federal government’s anti-money laundering (“AML”) initiatives, the Financial Crimes Enforcement Network (“FinCEN”). FinCEN is a bureau within the Treasury Department and not a fully independent agency.  Its … Continue Reading

Post-Election Outlook for Financial Regulatory Agencies: Board of Governors of the Federal Reserve System

The transition to a new administration with the election of Republican Donald J. Trump as President, along with continued Republican control of the Senate and House of Representatives, promises to bring change to each of the federal financial regulatory agencies.  Changes in leadership at the federal financial regulatory agencies will likely result in changes in … Continue Reading
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