The OCC Speaks: How FinTech Applications Will Be Reviewed

On March 15, 2017, the Office of the Comptroller of the Currency (the "OCC") published for comment a draft supplement to the OCC's existing Comptroller's Licensing Manual providing detail on how the OCC will evaluate national bank charter applications from financial technology ('FinTech") companies that engage in the business of banking, other than accepting deposits. In so doing, the OCC has moved one step closer to making its FinTech bank charter a reality. Below we provide a summary of the proposed OCC guidelines for accepting and approving a FinTech charter (the "FinTech Guidelines").

Who may apply for a special purpose national bank charter?

The OCC has authority to grant charters for national banks and federal savings associations. That authority extends to the granting of charters for special purpose national banks ("SPNB"). SPNBs may limit their activities to fiduciary activities or to any other activities within the business of banking. However, with