Archive: May 8, 2018

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U.S. District Court for DC Dismisses CSBS’ Challenge regarding Federal FinTech Charter, All Eyes on the OCC
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Restricted ADI Licensing Scheme Commences in Australia

U.S. District Court for DC Dismisses CSBS’ Challenge regarding Federal FinTech Charter, All Eyes on the OCC

By Dan Cohen and Eric Love

The U.S. District Court for the District of Columbia recently granted the Office of the Comptroller of the Currency’s (“OCC”) motion to dismiss a lawsuit brought by the Conference of State Bank Supervisors (“CSBS”) challenging the OCC’s authority to issue special purpose charters to FinTech companies.  According to the court, the CSBS currently lacks standing to bring the action because the OCC has not to-date issued such a charter.

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Restricted ADI Licensing Scheme Commences in Australia

By Jim Bulling and Edwin Tan

Last Friday, the Australian Prudential Regulation Authority (APRA) finalised its new Restricted Authorised Deposit-taking Institution (ADI) licensing process in Australia that came into effect immediately.  New entrants to the banking industry will be able to apply for a Restricted ADI licence, which will have a lower barrier to entry than a full ADI licence, to assist their transition into the industry over a two-year period.  This is a significant change as only one ADI licence has been granted to a non existing bank-affiliated entity in the past decade, which has rendered Australia’s start-up banking sector effectively non-existent.

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