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Insight

The special case of Puerto Rico stablecoin issuers

Aug. 22, 2025

Under the GENIUS Act, is a Puerto Rico-based stablecoin issuer a U.S. issuer or a foreign issuer? It seems like it could be either -- or even both. Reading the GENIUS Act as a banking lawyer, one...

Digital Assets & Cryptocurrency GENIUS Act

Insight

The path to large state-regulated stablecoin issuers

Aug. 21, 2025

A common misconception is that the GENIUS Act allows only sub-$10b issuers to be state-qualified and imposes federal regulation on all larger issuers. Neither is true. For a state issuer that reaches...

Digital Assets & Cryptocurrency GENIUS Act State Financial Regulators

Firm News

Faster Payments at Less Cost and Lower Risk: The Case for Allowing Nonbank Payment Processors Direct Access to Federal Reserve Payment Systems

Aug. 20, 2025

Twice since the 1913 enactment of the Federal Reserve Act, Congress has expanded direct access to Federal Reserve payment systems. In 1980, at the urging of thrifts and DOJ, Congress expanded access...

Federal Reserve Act Federal Reserve Banks & Services Payment Systems Proposed Legislation

Insight

Stablecoin sandwich as an alternative to MTLs

Aug. 18, 2025

As fintechs work on GENIUS Act stablecoin strategies, one thing is becoming clear: The Act offers the equivalent of a national money transmission license for many previously non-crypto use cases. It...

Digital Assets & Cryptocurrency GENIUS Act Money Transmission & Remittances Preemption & Rate Exportation

Insight

The missing piece from the FDIC ILC RFI

July 28, 2025

The FDIC's ILC RFI is missing a very important section on funding. Deposit and funding strategy issues determine the outcome of many ILC applications. Here are some questions they could have asked:...

Federal Deposit Insurance Corporation Industrial Loan Companies (ILCs) Licensing Applications & Filings Liquidity

Insight

The key question in the FDIC ILC RFI

July 16, 2025

There’s a question in the FDIC’s Industrial Bank RFI that will make or break an industrial bank application. Which one? That depends on the applicant, the business model, and the structure. But I can...

Federal Deposit Insurance Corporation Industrial Loan Companies (ILCs) Licensing Applications & Filings

Insight

Does the Senate Finance Committee have something against thrifts?

June 20, 2025

Does the Senate Finance Committee have something against thrifts? Thrifts were inexplicably left out of an exception to the proposed tax on remittance transfers in the Senate Finance draft of title...

Money Transmission & Remittances Proposed Legislation Savings Associations & Thrifts Tax

Insight

Rescinded CFPB rulemaking procedural rule

June 19, 2025

Yesterday's notice rescinding the CFPB rulemaking procedural rule references a rarely acknowledged problem in regulatory change monitoring: the distinction between the agency announcement of a...

Compliance Management Consumer Financial Protection Bureau Rulemaking & Administrative Procedure

Analysis

CFPB Files Motion for Summary Judgment in Section 1033 Litigation

June 2, 2025

On Friday, May 30th, the CFPB filed a motion for summary judgment in Forcht Bank v. CFPB asking the court to vacate the entire rule implementing Section 1033 (Rule). The motion argues that the Rule...

Consumer Financial Protection Bureau Judicial Review of Agency Actions Litigation Open Banking & Consumer Data Rights CFPA 1033

Analysis

CFPB's Withdrawal of Sub-Regulatory Items

May 12, 2025

On May 12, 2025, the CFPB published the withdrawal of several guidance documents, interpretive rules, policy statements, and advisory opinions dating back to 2011, when the CFPB began operations....

Agency Interpretations & Guidance Consumer Financial Protection Consumer Financial Protection Bureau