The Regulatory Challenges Raised by the Evolution from Open Banking to Banking-as-a-Service

By Nydia Remolina September 16, 2025 by renholding

In May 2024, a company in California suddenly made headlines across the financial press. Synapse Financial Technologies, once hailed as a pioneer in the next wave of financial innovation, filed for bankruptcy. The company had promised to revolutionize banking …

Davis Polk Discusses Stablecoin Bill as Crypto Legislation Gains Momentum

By Randall D. Guynn, Joseph A. Hall, Justin Levine, David L. Portilla and Gabe Rosenberg February 25, 2025 by eorozco

With a new administration and Congress each expressing interest in pursuing a new regulatory framework for crypto, the prospects for federal stablecoin legislation are growing. On February 4, Sen. Bill Hagerty (R-TN) introduced the Guiding and Establishing National Innovation for …

How to Improve the Bank Charter Application Process

By Michele Alt, Todd H. Baker, Alexandra Steinberg Barrage, Matthew Bornfreund, Jeremiah Buckley, Michael Nonaka, James W. Stevens and Walter Zalenski January 28, 2025 by renholding

New bank formation in the United States is at an all-time low, and Americans increasingly rely on non-bank financial technology companies (fintechs) to satisfy their financial services needs. Fintechs that do not operate through banks mostly operate outside the direct …

Freshfields Discusses Trump Administration’s Effects on Bank Regulation

By David Sewell, Alison Hashmall and Nariné Atamian November 21, 2024 by eorozco

Bank stocks surged the day after Donald J. Trump won election to a second presidential term, recording double-digit gains on a widespread view that financial regulation under the new administration will be more industry friendly than in the current one. …

White & Case Discusses SEC 2025 Priorities: AI, Cybersecurity, and Crypto

By Tami Stark and Claudette Druehl November 20, 2024 by eorozco

On October 21, 2024, the US Securities and Exchange Commission (“SEC”) Division of Examinations (“Examination Division”) announced its 2025 Examination Priorities (“Report”). Investment advisers and broker-dealers should ensure that policies, procedures and surveillance efforts related to these priorities address concerns …

Skadden Discusses Banking Agencies’ Increasing Scrutiny of Bank-Fintech Partnerships

By Mark Chorazak, Adam J. Cohen, Darren M. Welch and Bryan A. Burcat August 27, 2024 by renholding

On July 25, 2024, the U.S. prudential bank regulators released a Joint Statement on Banks’ Arrangements With Third Parties To Deliver Bank Deposit Products and Services (Joint Statement),¹ along with a request for information on bank-fintech arrangements (RFI) issued …

Sullivan & Cromwell Discusses Banking Agencies’ Request for Information About Bank Relationships with Fintechs

By H. Rodgin Cohen, Mitchell S. Eitel, Michael T. Escue, Rebecca J. Simmons and Jordan M.H. Wish August 1, 2024 by renholding

On July 25, 2024, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency (together, the “Agencies”) issued a request for information (the “RFI”)[1] regarding arrangements …

Sullivan & Cromwell Discusses Preliminary Injunction on Colorado Interest-Rate Cap on Out-of-State Banks

By Leslie B. Arffa, Morgan L. Ratner and Matthew A. Schwartz June 26, 2024 by renholding

On June 19, 2024, the U.S. District Court for the District of Colorado preliminarily enjoined the enforcement of a Colorado law that would have applied Colorado interest-rates caps to loans made by state-chartered banks—including banks located outside of Colorado—to Colorado …

Can Decentralized Finance Promote Democracy?

By Peer Zumbansen May 22, 2024 by renholding

In a recent paper, I draw a rough map of the vast field of decentralized finance (DeFi). DeFi serves as an umbrella term for financial platform transactions that operate through automated protocols on blockchain and have prompted hard discussions …

How to Regulate FinTech, Crypto Assets, DeFi, and Other Financial Innovations

By Steven L. Schwarcz April 10, 2024 by renholding

In a new article, I attempt to build a systematic framework for regulating FinTech-driven innovations. In doing so, I clarify and simplify the confusing terminology that makes FinTech appear more complicated than it is.

“FinTech” refers to the use of …

Fintech and the False Promise of Techno-Solutionism

By Hilary J. Allen January 25, 2024 by renholding

For about a decade, financial regulators have been grappling with the rise of fintech and the ways it disrupts financial regulation. But something is often lacking in these policy conversations. In a new draft article, I argue that financial …

The Rise of Big Tech Has Significant Implications for Global Financial Regulation

By Steve Kourabas and Cheng-Yun (CY) Tsang October 3, 2023 by renholding

Big technology (Big Tech) firms – globally active digital platforms or tech companies – generate extensive user data that allow them to engage in a variety of businesses, including financial services and products. While often discussed as part of the …

How Corporate Investments in Fintech Startups Affect the Performance of the Startups and the Corporations

By Thomas Chemmanur, Harshit Rajaiya, Michael Imerman and Qianqian Yu June 1, 2023 by renholding

Financial Technology, or “fintech,” is one of the fastest growing sectors in finance. In 2010, the total amount of funding raised by fintech firms was just over $1 billion dollars, while in 2018, total funding was around $40 billion. In …

Fractionalizing Investment Securities: Using FinTech to Expand Financial Inclusion

By Steven L. Schwarcz and Robert Bourret April 5, 2023 by renholding

Recent innovations in financial technology, or “FinTech,” are enabling the fractionalization of shares of stock, bonds, and other investment securities into units (“fractionalized securities”) that are small enough for virtually any investor to afford. In a new article, we show …

Arnold & Porter Discusses Today’s SEC Examination Priorities, Tomorrow’s SEC Enforcement Actions

By Christian D. H. Schultz, Jane Norberg, Daniel M. Hawke, Ellen Kaye Fleishhacker and David F. Freeman, Jr. April 14, 2022 by renholding

Rounding out a series of quarter-end announcements from the US Securities and Exchange Commission (SEC), the Division of Examinations (Exams) announced its 2022 examination priorities on March 30, 2022. These priorities reflect SEC Chair Gary Gensler’s stated view that the …

How FinTech Affects Corporate Takeover Markets

By Joanna Wang and Alan L. Zhang March 18, 2022 by renholding

Investment in financial technology, or FinTech, has increased dramatically over the past decade – from a total value of $9 billion worldwide in 2010 to well above $100 billion in recent years, with a peak of $215 billion in 2019. …

Debevoise Discusses Russia, Sanctions, and Digital Assets

By Satish M. Kini, Aseel M. Rabie, Robert T. Dura, Jonathan Steinberg and Amy Aixi Zhang March 9, 2022 by renholding

In response to ongoing Russian military action in Ukraine, U.S. authorities have imposed several tranches of new sanctions against Russia, particularly against Russia’s financial industry, including its major banks and the Central Bank of Russia. On February 26, President …

Fintech SPACs Have Been Swimming Naked – and the Tide Is Going Out

By Todd H. Baker January 27, 2022 by renholding

Acorns Grow Inc., the financial technology and investing startup, said last week that it was abandoning its $2.2 billion merger with SPAC Pioneer Merger Corp., putting itself on the hook for a $17.5 million termination fee. Coming almost eight months …

SEC Chair Gensler Speaks on Fintech

By Gary Gensler October 22, 2021 by renholding

Good morning. It’s good to be here at DC Fintech Week. Thank you, Chris [Brummer], and all the organizers for inviting me here today. As is customary, I’d like to note that my remarks are my own, and I’m not

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SEC Chair Speaks Before Small Business Capital Formation and Asset Management Advisory Committees

By Gary Gensler September 28, 2021 by renholding

Thank you, Carla [Garrett]. It’s good to be with this Committee again. I’d like to thank the members for their time and willingness to represent the interests of America’s small businesses. As is customary, I’d like to note I’m not

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