High Court Could Settle Preemption Questions For Banks

Law360 (September 6, 2018, 3:10 PM EDT) -- Anyone interested in charters from the Office of the Comptroller of the Currency should be following Lusnak v. Bank of America, which is being appealed from the Ninth Circuit to the U.S. Supreme Court. OCC charters are of course a hot topic — now that the OCC is accepting applications from fintech companies for national bank charters, the power of federal regulators to excuse federally chartered entities from compliance with state regulations may be more important than ever. After all, the key benefit offered by a national bank charter for many fintech companies is exemption from state-level money transmission licensing and...

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