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The OCC’s FinTech Charter: Testing the Scope of the OCC’s Chartering Powers

By:
 Dylan M. Aluise under the supervision of Howell Jackson   Published: August 2017
Product number:
CSP027
Length:
62 Pages
English:
PDF
Product Type:
Workshop-Based Case Study

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Abstract

The OCC’s FinTech Charter: Testing the Scope of the OCC’s Chartering Powers (“FinTech”) case study examines whether the OCC (Office of the Comptroller of the Currency) has the authority to grant national bank charters to non-depository FinTech firms.  The case turns on whether taking deposits is a necessary element to the definition of the “business of banking.”  The case study asks participants to play the role of Junior Lawyer at the Office of the Comptroller of the Currency, and to prepare a brief for the Comptroller evaluating several allegations that claim that the OCC does not have this authority.

The case study provides detailed background information on all sides of the argument for participants to use in forming their position.

FinTech is used in a course on Financial Regulation and is helpful as a practical, hands-on component to a financial regulations or administrative law course.

Learning Objectives

  • Analyze whether and in what circumstances the Office of the Comptroller of the Currency (OCC) has the statutory authority to grant national bank charters to non-depository institutions.
  • Understand the legal, social, and regulatory background that informs the charter issue.
  • Be able to clearly articulate the arguments for and against the OCC having such authority.
  • Practice presentation and legal writing skills.

Subjects Covered

 Financial Regulation, Government, Financial Technology, Finance and Banking, Commerce, Marketplace Lending

Setting

Geographic: United States

Industry: Government agency, Financial Services

Event Year Begin: 2017

Hard Copy

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