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OCC Lays Groundwork for National Fintech Charters
Saturday, September 24, 2016

Recently, the OCC has begun to lay the groundwork for future national fintech charters, relying on an existing federal law which grants the OCC receivership powers over non-depositary financial institutions, which would permit the OCC to grant charters to fintech companies without their having to obtain insurance from the FDIC. In a release issued on Sept. 13, 2016, the OCC indicated that it would have authority to grant new charters to those fintech companies whose business plans do not call for them to obtain deposit insurance, if the OCC determines that those companies have a reasonable chance of succeeding and can operate in a safe and sound matter, among other considerations. To some extent, the OCC approach to chartering fintech companies would help to resolve the question of which federal agency would have primary jurisdiction over fintech companies, as federal bank charters would fall  under the primary federal supervision of the OCC. The OCC requests that comments on this proposal be submitted by Nov. 14, 2016.

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