Subscribe
Logo
Logo
  • Topics Icon Topics
    • AI Icon AI
    • Banking Icon Banking
    • Blockchain/DeFi Icon Blockchain/DeFi
    • Embedded Finance Icon Embedded Finance
    • Fraud/Identity Icon Fraud/Identity
    • Investing Icon Investing
    • Lending Icon Lending
    • Payments Icon Payments
    • Regulation Icon Regulation
    • Startups Icon Startups
  • Podcasts Icon Podcasts
  • Products Icon Products
    • Webinars Icon Webinars
    • White Papers Icon White Papers
  • TechWire Icon TechWire
  • Search
  • Subscribe
Reading
Judge Rules OCC Unable to Issue Fintech Charters
ShareTweet
Home
News
Judge Rules OCC Unable to Issue Fintech Charters

Judge Rules OCC Unable to Issue Fintech Charters

Fintech Nexus Staff·
News
·Oct. 22, 2019·1 min read

We’ve been following the OCC Fintech Charter since it was first formally proposed in December 2016. Since then it has been slow going and with no application granted. If successful the charter would have allowed a fintech to be able to operate nationally without having to go the route of state licensing.

For background, here is our previous coverage:

  • New Fintech Charter Proposed by the OCC (December, 2016)
  • The OCC Publishes Details on the Fintech Charter (March, 2017)
  • OCC Announces Fintech Charter on the Heels of US Treasury’s Report on Fintech (July, 2018)

Since our last coverage, prospects of a OCC Fintech Charter have remained in gridlock. At the heart of the problem were lawsuits that came from states including New York. Representatives from the Conference of State Bank Supervisors and the New York Department of Financial Services who challenged the fact that the OCC had the authority to even issue a charter. Due to the uncertainty, no fintech had formally applied though many had expressed interest.

Yesterday, a federal judge ruled that the OCC does not have the legal authority to issue bank charters to non-banks. Judge Victor Marrero ruled on the fact that a clause in the National Bank Act’s business of banking requires that only firms which take deposits can receive a national bank charter.

An OCC spokesperson wrote to American Banker that the agency “disagrees with the decision and the court’s interpretation of the authority the National Bank Act grants the OCC. The agency plans to appeal the ruling to resolve this issue.”

Our Take

We’ve seen firsthand the positive impact that fintech firms are having across many areas, but they are still burdened by a complex set of legacy regulations. The state by state regulatory environment which most fintechs have to go through is an expensive proposition and it stifles innovation in our country. Those that oppose the fintech charter argue that issuing charters would create an unfair playing field but the reality is that these fintechs would still go through rigorous vetting by the OCC. Obviously this news is a huge blow to the OCC and the fintech community and we’ll continue to follow developments here as the OCC plans to appeal the judge’s decision.

  • Fintech Nexus Staff
    Fintech Nexus Staff

    This piece was created by one of our content team members. Reach us at [email protected]

    View all posts
Tags
Conference of State Bank SupervisorslegalNew York Department of Financial ServicesOCC Fintech Charterregulation
Related
Photo of Raj Date ex CFPB

“Traditional financial institutions do not thrive amidst chaos.”

Editorial Cartoon for May 16, 2024

Cornelius Hurley, Professor at Boston University School of Law on reform at the Federal Home Loan Banks

How a Milei presidency could boost Argentine fintech

Popular Posts

Today:

  • Vesey Ventures – Julia HuangWhy agentic AI will spark commerce’s next PayPal moment Apr. 10, 2025
  • GreenliteAI-Alex-WillGreenlite AI is on a mission to revolutionize banking compliance Jun. 10, 2025
  • 5 Founders Driving Humanoid AIThe Humanoid Era: 5 Leaders Defining Physical AI Sep. 10, 2025
  • Multiply CEO MichaelMultiply Mortgage CEO on AI’s move into housing finance Nov. 6, 2025
  • 197StableCoin chatter from SmartCon + Multiply CEO on Mortgage Tech Nov. 6, 2025
  • FundedFunded: Reevo lands $80M seed to unify GTM chaos into one AI-native system Nov. 7, 2025
  • FNFrom Inspiration to Action: Stefan Weitz and the Rise of HumanX Nov. 12, 2025
  • BylineOpinion: Why Reinsurance Can Be the $700 Billion Breakout Market DeFi Has Been Waiting For Nov. 13, 2025
  • Ji KimThe Crypto Lobby Steps into the Limelight Nov. 13, 2025
  • 197Fintech from The Edge: Patagonia’s Go Go Crypto Era Nov. 13, 2025

This month:

  • FNFrom Chatbot to Checkout: AI’s Leap Into Commerce Nov. 5, 2025
  • 197BREAKING: Money20/20: The Download Oct. 28, 2025
  • FNWhy Your Loan Portfolio Models Are Lying to You (And What to Do About It) Nov. 4, 2025
  • Multiply CEO MichaelMultiply Mortgage CEO on AI’s move into housing finance Nov. 6, 2025
  • HRWorktech founder roundupThe Future of Work: 5 Leaders Redefining HR and People Processes with AI Oct. 29, 2025
  • Renata CaineGreen Dot’s GM of Embedded Finance on Banking Transparency Oct. 28, 2025
  • BylineOpinion: Why Reinsurance Can Be the $700 Billion Breakout Market DeFi Has Been Waiting For Nov. 13, 2025
  • FNFrom Inspiration to Action: Stefan Weitz and the Rise of HumanX Nov. 12, 2025
  • Betting on AI’s Future at HumanXBetting on AI’s Future at HumanX Mar. 20, 2025
  • Dispatch from VegasOverheard in Vegas Mar. 13, 2025

  • About
  • Contact
  • Disclaimer
  • Privacy Policy
  • Terms
Subscribe
Copyright © 2025 Fintech Nexus
  • Topics
    • AI
    • Banking
    • Blockchain/DeFi
    • Embedded Finance
    • Fraud/Identity
    • Investing
    • Lending
    • Payments
    • Regulation
    • Startups
  • Podcasts
  • Products
    • Webinars
    • White Papers
  • TechWire
  • Contact Us
Start typing to see results or hit ESC to close
lis digital banking USA Lending Club UK
See all results