State Regulators Take OCC to Court on Fintech Charter Proposal

April 26, 2017

On Wednesday, April 26, 2017, the Conference of State Bank Supervisors (CSBS) filed a lawsuit against the OCC in U.S. District Court to prevent the agency from creating a national bank charter for fintech companies.

 

“The OCC’s action is an unprecedented, unlawful expansion of the chartering authority given to it by Congress for national banks.  If Congress had intended it to be used for another purpose, it would have explicitly authorized the OCC to do so,” said John W. Ryan, CSBS President and CEO.  “If the OCC is allowed to proceed with the creation of a special purpose nonbank charter, it will set a dangerous precedent that any federal agency can act beyond the legal limits of its authority.  We are confident that we will prevail on the merits.”

 

Among other arguments, the CSBS claims OCC lacks the legal authority to offer fintech companies a bank charter and an unconstitutional attempt to preempt state law.