Crypto-asset businesses, particularly those offering crypto lending, non-fungible tokens, or digital wallet/payments products — which are already facing intense scrutiny from the SEC, CFTC, U.S. Department of Justice and U.S.

Continue Reading CFPB And FTC Take Their Place As Powerful Crypto Cops

To expedite decisions to prevent or stop consumer harm, the Financial Conduct Authority (FCA) has implemented a controversial change to its decision-making procedures. The change forms part of the FCA’s
Continue Reading UK FCA Implements Controversial Change to Its Decision-Making Procedures

Nanette Aguirre, corporate shareholder, will participate in the Florida Alternative Investment Association (FLAIA) Global Perspective 2018 Conference in Miami, FL, Dec. 5. Aguirre will participate as a speaker and
Continue Reading Greenberg Traurig’s Nanette Aguirre to Speak at Florida Alternative Investment Association Global Macro Perspective 2018

Greenberg Traurig Shareholder  Carl A. Fornaris, co-chair of the Financial Regulatory and Compliance Practice, will speak at the Financial Markets Association’s (FMA’s) 26th Annual Securities Compliance Seminar on April
Continue Reading Carl Fornaris to Speak at the Financial Markets Association’s 26th Annual Securities Compliance Seminar

At the end of March, the OCC issued a whitepaper setting out the principles that it will use to guide the development of a framework to analyze innovations in the banking sector of financial technology, or “fintech” for short.  The paper defined and encouraged “responsible innovation,” and discussed both benefits and risks arising from the types of innovations that are developing in that sector. For a more detailed discussion of the paper, see our GT Alert, “Fintech—Moving Toward a Regulatory Framework, The OCC Whitepaper on Responsible Innovation.”

The OCC’s paper, however, did not address a key question facing the industry—will small fintech startup companies be subject to the same regulations and same level of scrutiny that might affect fintech offered by banks?  A recent New York Times article referred to the current regulatory environment, state, and federal rules, as a “bramble” that these fintech startups must face. Fintech startups must confront both the typical challenges of regulatory compliance, as well as questions of whether they are even required to comply.

Consider a scenario in which a startup and a bank release mobile applications with similar utility—the startup could benefit from significant competitive advantage if it were not obligated by the same compliance requirements.  Consequently some traditional banks have urged that fintech should be subject to regulations equal to those applicable to banks because that will keep all competitive parties on equal footing.Continue Reading Nonbank Fintech: Regulatory Uncertainty as Innovation Flourishes