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CFPB And Commercial Credit

Does the Consumer Financial Protection Bureau (“CFPB”)  have jurisdiction over “commercial credit”? Rep. Emanuel Cleaver II,  raised certain concerns  in a recent letter to the CFPB (the “Cleaver Letter”) , which can help us answer this question.  As we know, fintech lending is based upon the use of algorithms to determine whether to provide commercial […]

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Special Purpose National Bank Charter

On March 15, 2017, the Office of the Comptroller of the Currency (“OCC”), the regulator and chartering authority for national banks and federal savings associations, issued a draft supplement to the Comptroller’s Licensing Manual entitled Evaluating Charter Applications from Financial Technology Companies (“Manual”).  The Manual describes the process through which financial technology (“fintech”) companies may […]

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Strategic Alliances: Legal Consideration in Financial Services Transactions

Strategic Alliances  are contractual agreements between business entities, or in some cases individuals  to share business assets, including but not limited to intellectual property, licensing, etc.  contribute funds and to some extent share technology and employees  to achieve a mutual financial goal.    These arrangements are well-known in the real estate industry as joint ventures and […]

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FINTECH And MARKETPLACE LENDING Bootcamp

There is some confusion in the marketplace with respect to new loan products and services in the banking industry.  My definition of “FINTECH” is broad and encompasses computer programs, applications and other technology used to provide banking and financial services.  Perhaps you have noticed that many retail bank services have been streamlined through on-line payment, […]

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Trump Administration Regulatory Freeze. What Is The Effect On The CFPB

The Trump Administration circulated a memorandum on January 20, 2017 (the “January 2017 Memo”) to the heads of executive departments and agencies,  initiating a regulatory review to be headed by the Director of the Office of Management and Budget (“OMB”).  The  January 2017 Memo  states in relevant part, “[S]end no regulation to the Office of […]

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AlexsonLaw Services. How We Help You To Reduce Costs And Legal Risk

My firm specializes in transactions, regulations, strategic alliances and mixed collateral loan transactions in the real estate and financial services industries. We are positioned in a unique space in that my many years in big firm law and my expertise in complex mixed collateral transactions, mergers and acquisitions, private funds, fintech  and bank regulation allow […]

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Organizers Of De Novo Financial Institutions

Financial Institution Letter FIL-81-2016 The FDIC is seeking comment on a handbook developed to facilitate the process of establishing new banks. Applying for Deposit Insurance – A Handbook for Organizers of De Novo Institutions provides an overview of the business considerations and statutory requirements that de novo organizers will face as they work to establish […]

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Commercial Real Estate And Dodd-Frank Risk Retention Rules

The Dodd-Frank statute also led to the adoption of Regulation 15G of the Securities and Exchange Act of 1934 (15 U.S.C.A. § 78o-11), which requires the sponsor in a CMBS securitization to retain a 5% stake in the credit risk of the underlying commercial real estate asset. The purported purpose of the regulations is to […]

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OCC Requires FinTech Applicants To Apply As Nondepository Institutions

The Office of the Comptroller of Currency (“OCC”) recently  established that it will use its authority to grant special-purpose charter to allow FinTech companies into the banking system.  The charter details have not yet been finalized.  In order to apply for this special-purpose charter, a company must engage in fiduciary activities, or either one of […]

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