Category Archive: Banking Terms

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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FinTech Strategic Partnership Consulting. A New Product

We consult with marketplace lenders and community banks and other lenders to create a strategic partnership to meet both parties’ business goals.  It may be more cost effective to partner with a FinTech provider or marketplace lender than to  create a new platform. We offer a value-based consulting product to analyze goals, prepare a strategic […]

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Bank and non-bank lending combinations/CFPB vs CashCall

The US District Court for the Central District of Ca. granted the Consumer Financial Protection Bureau’s (“CFPB”) Motion for Partial Summary Judgement on August 31, 2016.   This is a trial court decision and could be reversed on appeal.  The “combination” at issue related to CashCall’s arrangement with Western Sky Financial  (“Western”).    Western claimed an “affiliation” […]

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Bank Regulatory Terms for the Banker and Dealmaker

California Finance Lenders License Purpose: Provide mortgage brokers and lenders with an exemption to other licenses Main Function: A required license for different types of consumer and commercial lending http://codes.lp.findlaw.com/cacode/FIN/1/d9/1/1 http://www.cfllicense.com/ http://media.mofo.com/files/Uploads/Images/140219-Expanded-Commercial-Loan.pdf CALL Report Purpose: A financial report that must be filed by all regulated financial institutions in the U.S. every quarter Main Function: The […]

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