‘Chevron’ and ‘Swipe Fees’ decisions may accelerate what’s already been a shift to court tests of banking rules. https://bit.ly/3L6ffEv
BAI’s Post
More Relevant Posts
-
Check out my op-ed on pages 5 and 38 of the March 2024 edition of American Banker describing how the CFPB's rulemaking on personal financial data rights (Section 1033) presents an opportunity for banks as well as a compliance exercise. We must not fall into the trap that banks are always data providers; they can also obtain consumer consent to function as data recipients. While we await the issuance of the final rule, banks should evaluate possible use cases for operating in this capacity.
March 2024
americanbanker.com
To view or add a comment, sign in
-
In this Public Chatter blog post, partner David Matheson notes a re-proposal of a Dodd-Frank rulemaking that still has not been adopted by a number of banking regulators. https://bit.ly/44MWgYK #DoddFrank #CorpGov #CorporateGovernance #PublicChatterBlog
Deja Vu All Over (and Over) Again? Dodd-Frank's Financial Institution Incentive Pay Rules Re-Proposed (But Not by the SEC) | Public Chatter
https://www.publicchatter.com
To view or add a comment, sign in
-
Adjunct Law Professor & Commentator | Attorney at Law (Joseph M. Vincent Ltd. PC) | Publishing (Law Givers) | Mediator, Conciliator & Intercessor (Olive Branch Solutions LLC)
#Subsidiarity — as embodied in American #federalism — is one of the hallmarks of a dynamic and vibrant #politicaleconomy. Perhaps the most enduring, beneficial example of this is the American dual chartering system of federal- and state-chartered insured depository institutions (IDIs), one the one hand, and the ability of each state to both (1) provide for chartering flexibility (#bankinginnovation) and (2) some measure of localized standards (a state’s plenary authority to protect its own citizens), on the other hand. There should be no #preemption of state law unless Congress has specifically authorized it for purposes of #monetarypolicy (e.g., #interestrates) or to preserve the powers and privileges that Congress has specifically granted federal-chartered IDIs that would be undermined by the imposition upon them of state law. Federal charters should not have a safe-harbor from a level-playing field as between themselves and State charters. Federal charters are protected from the overreach of states by the Dormant Commerce Clause. Federal charters should not be granted a *trifecta* of (1) Chevron Deference, (2) Auer Deference, and (3) de facto deference (per MBAA vs. Perez) which comes from the cynical use by #federalbank regulators of “interpretive rules” that insulate them from notice-and-comment under the Federal Administrative Procedures Act. I applaud the Conference of State Bank Supervisors (CSBS) and NATIONAL ASSOCIATION OF STATE CREDIT UNION SUPERVISORS continuing to “fight the good fight” on all of these points expressed above. #banks #creditunions #bankingandfinance #administrativelaw #scotus #statesrights #bankingtechnology #fintechinnovation #consumerprotection #csbs #nascus
“The bar for federal intrusion on the states' traditional chartering and supervisory authority is rightfully high. State banking laws that apply equally to state and national banks — particularly state consumer protection laws — should only be preempted by congressional action with clear justification and with defined limits on federal regulatory authority.” CSBS Chair I. Lise Kruse and CSBS Chair-elect Charlie Clark warn that consumers and the economy will suffer if the Supreme Court favors a more homogenized and centralized banking system in an American Banker #BankThink. https://lnkd.in/eAJqXnFU
The Supreme Court should confirm limits on the OCC's preemption powers
americanbanker.com
To view or add a comment, sign in
-
Learn about the proposed rule to cap overdraft fees and how it could affect consumers and banks alike. Explore the arguments from both sides and the potential impact on access to short-term liquidity. #BankingFees #CCGCatalyst #BankingResearch What’s Happening in the War on Fees: Tyler Brown
What’s Happening in the War on Fees
https://www.ccgcatalyst.com
To view or add a comment, sign in
-
Transformational Senior SAP FICO Manager of Project & Program Management | Over 10 Years of Experience | Driving Strategic Change at Accenture, IBM, and KPMG | Washington, DC-Based Executive Consultant
US Treasury Issues Warning About DeSantis' New Banking Law LINK: https://lnkd.in/e-C9bBHG #BankingAndFinanceNews #MoneyLaundering Please Repost
US Treasury Issues Warning About DeSantis' New Banking Law
msn.com
To view or add a comment, sign in
-
Discover what's at stake when banks decide to halt safeguarding financial assets. Dive into our three-minute explainer on debanking to grasp the full implications. #Debanking #Finance #Banking https://lnkd.in/ebkAYxd6
Three-minute explainer on… debanking
raconteur.net
To view or add a comment, sign in
-
In this Public Chatter blog post, Perkins Coie LLP partner David Matheson notes a re-proposal of a Dodd-Frank rulemaking that still has not been adopted by a number of banking regulators. #DoddFrank #CorpGov #CorporateGovernance #PublicChatterBlog
Deja Vu All Over (and Over) Again? Dodd-Frank's Financial Institution Incentive Pay Rules Re-Proposed (But Not by the SEC) | Public Chatter
https://www.publicchatter.com
To view or add a comment, sign in
-
In this Public Chatter blog post, Perkins Coie LLP partner David Matheson notes a re-proposal of a Dodd-Frank rulemaking that still has not been adopted by a number of banking regulators. #DoddFrank #CorpGov #CorporateGovernance #PublicChatterBlog
Deja Vu All Over (and Over) Again? Dodd-Frank's Financial Institution Incentive Pay Rules Re-Proposed (But Not by the SEC) | Public Chatter
https://www.publicchatter.com
To view or add a comment, sign in
-
Four U.S. financial regulators have revived a controversial 2016 proposal on incentive-based compensation at financial institutions, but the Fed and SEC have not yet signed on, so changes will likely be needed. Mark Chorazak Adam Cohen Michael A. Wiseman #financialinstitutions #banking #regulatory #executivecompensation
The Third Attempt: Banking Agencies Revive Incentive-Based Compensation Rules for Financial Institutions | Insights | Skadden, Arps, Slate, Meagher & Flom LLP
skadden.com
To view or add a comment, sign in
-
In this Public Chatter blog post, Perkins Coie LLP partner David Matheson notes a re-proposal of a Dodd-Frank rulemaking that still has not been adopted by a number of banking regulators. #DoddFrank #CorpGov #CorporateGovernance #PublicChatterBlog
Deja Vu All Over (and Over) Again? Dodd-Frank's Financial Institution Incentive Pay Rules Re-Proposed (But Not by the SEC) | Public Chatter
https://www.publicchatter.com
To view or add a comment, sign in
15,126 followers