Banks and fintechs ought to carry out ‘belief workouts’ amid OCC scrutiny of BaaS


It might simply be that banking-as-a-service (BaaS) suppliers and fintechs have grown into distinctive and now mature collaborators that justify up to date and revised necessities from regulators. Earlier this month, Appearing Comptroller of the Forex Michael J. Hsu spoke at The Clearing Home and Financial institution Coverage Institute’s Annual Convention, outlining the Workplace of the Comptroller of the Forex’s (OCC) official steering for maturing necessities on financial institution and fintech partnerships.  

Clint Heyworth, director of compliance, Alloy

The OCC’s actions could seem to impose new necessities, but when previous guidelines may be relied on, they may seemingly solely impose greatest practices all through an trade which can drive immature firms out of the area, growing the potential energy of these remaining however subjecting the hurt that may circulation from their market energy to the federal regulatory construction. All that to say, typically you simply have to maneuver as much as the following weight class.

In any case, we should always do not forget that regulators are accountable for defending customers who get hold of and use monetary companies merchandise, even once we disagree on the small print. Fairly than draw back from these partnerships out of concern of extra regulation, banks and fintechs alike ought to see this as a chance to strengthen their relationships with one another, regulators and their prospects. 

Present regulatory panorama  

Put merely, the chartered financial institution holds the first accountability and threat for compliance in financial institution and fintech partnerships. Nevertheless, that is an actively evolving area within the regulatory panorama. It’s necessary to level out that the OCC is only one regulator, and since it regulates bigger nationwide banks, it doesn’t really oversee nearly all of banks within the U.S. In our estimation, the U.S. federal prudential banking regulators can be joined by the FTC and state regulators to have probably the most significant affect on this area.  Following is a abstract of the place some key gamers on this regulatory area at present stand on financial institution and fintech partnerships:  


In August 2021, the OCC revealed a 20-page information directing neighborhood banks to conduct due diligence on their third-party fintech companions. Alongside Hsu’s latest remarks, the OCC notably ordered Blue Ridge Financial institution to extend its due diligence and its oversight of third-party fintech partnerships.  

Federal Deposit Insurance coverage Company (FDIC) 

Though all banks are insured by the FDIC, many companion banks are neighborhood banks or mid-size banks, which are sometimes immediately regulated by the FDIC. The FDIC has a information of its personal on how banks ought to oversee third-party fintech partnerships. And, because the OCC and CFPB proceed to be aggressive on this difficulty, we count on the FDIC to observe go well with.  

Shopper Monetary Safety Bureau (CFPB) 

Since being confirmed in 2021, CFPB Director Rohit Chopra has been outspoken in regards to the shut eye he’s maintaining on nonbanks in monetary companies. “To the extent that huge tech firms are utilizing the treasure troves of knowledge, there must be some parity with native banks and different monetary establishments which can be following the regulation,” he stated shortly after being confirmed.  

Federal Commerce Fee (FTC) 

The FTC, a long-time consumer-focused regulatory physique, participates in federal enforcement of quite a lot of shopper finance legal guidelines, together with the Gramm-Leach-Bliley Act (GLBA), which regulates the therapy of nonpublic private info of customers by monetary establishments. The FTC will proceed to affect public coverage — particularly because it pertains to privateness necessities at banks — which requires banks and fintech companions to stage set this federal regulatory physique towards state and worldwide privateness necessities. 

State regulators 

Within the U.S., the monetary companies trade is topic to each federal and state rules. Traditionally, states have by no means had a lot of an curiosity in regulating financial institution and fintech partnerships, seemingly as a result of they maintain firms from acquiring state licenses and reducing income alternatives for states. State rules range on a state-by-state foundation, with many states already starting to extend their oversight of bank-fintech partnerships. State attorneys basic have just lately challenged financial institution partnerships as “rent-a-bank” to allow fintechs to keep away from complying with state legal guidelines, significantly state usury legal guidelines. For that reason, states are actually aligning with present federal company challenges to the financial institution partnership mannequin. 

Way forward for financial institution, fintech partnerships 

Companion banks will face deeper questions from examiners about their essential service suppliers to ascertain that they’ve acceptable oversight and management over their packages supplied by means of fintech partnerships. Banks will want to have the ability to set up the integrity of their very own third-party vendor administration methods to exhibit their companions are, in actual fact, in good situation and wholesome sufficient to offer the companies the financial institution is contracting. Banks don’t must be terrified of this or decelerate their plans to companion with fintechs. They need to assess their present vendor administration program and be sure that it’s ample. It’s at all times higher to establish an issue your self earlier than regulators are at your door, and companion banks will more and more have to show to regulators that they’re performing the right due diligence on third-party distributors.  

For fintechs that have already got a deep understanding of the extremely regulated monetary companies area, it’s enterprise as typical. A key accountability of fintechs in financial institution partnerships has at all times been to allow their companion financial institution to satisfy their regulatory necessities — together with compliance with the BSA and KYC/AML necessities, transaction monitoring and information safety — and that is extra necessary now than ever. 

For each banks and fintechs, this implies they’re going to need to strengthen belief with one another.  

Constructing a “belief partnership” 

I’m positive many people have been at some type of team-building retreat the place we needed to do a belief fall with a group member. To a sure extent, banks are doing a belief fall into their fintech partnerships. All they’ll actually do is clearly talk their regulatory necessities to their fintech companions and maintain an in depth eye on them, however additionally they need to belief the fintech companions will observe the rules.  

The onus is essentially on the fintech to point out the financial institution that they are often trusted with this essential activity. However belief doesn’t imply a scarcity of oversight over the fintech companions and their packages. Belief means establishing a working relationship and course of that each meet the banks’ regulatory and threat necessities and helps the launch and growth of the fintech program. 

Listed below are some tangible ways in which fintechs and companion banks can nurture a trusting relationship: 

  1. Rent competent compliance folks. Fintechs should level-up their data of the regulatory panorama. It begins with accepting and embracing that there’s a “fin” part in fintech. There’s going to be elevated oversight, there needs to be folks on the fintech that perceive rules and might defend their packages. Search for folks with confirmed expertise on this extremely regulated area who know the dangers related to it; 
  2. Often talk. The compliance and threat groups at banks and fintechs needs to be assembly weekly. Preserving the strains of communication open is necessary, particularly as a result of rules always evolve; 
  3. Reply rapidly. Responsiveness in fintech and financial institution partnerships is essential — non-compliance can have main monetary and reputational implications for companion banks, so fintechs have to deal with compliance issues as a excessive precedence; and 
  4. Get on a airplane! Banking continues to be a really in-person, face-to-face trade. Leaping on a airplane and having in-person conferences (and when you possibly can’t meet in particular person, hitting the dreaded video-on button in your Zoom) will go an extended strategy to construct belief. 

Wanting forward 

The OCC’s latest remarks and enforcement towards Blue Ridge Financial institution are simply the tip of the iceberg. Once you take a look at the OCC’s latest statements and couple that with an aggressive regulator just like the CFPB, it’s only a matter of time till different regulators observe go well with and proceed tightening rules on financial institution and fintech partnerships. This might trickle all the way down to third-party infrastructure suppliers as properly. These suppliers must also be watching this area, hiring folks which can be outfitted to navigate it and constructing belief partnerships with their financial institution and fintech companions.  

Clint Heyworth is the director of compliance at Alloy and brings virtually 20 years of expertise within the area to the corporate.  


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