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Update on state small business commercial financing disclosure laws

CFPB Monitor

Around the nation, regulators are preparing to implement and enforce new consumer-like disclosure laws for small business commercial finance providers. New York regulators have yet to issue final regulations implementing the state’s Commercial Finance Disclosure Law (CFDL), which went into effect on January 1, 2022.

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Latest DOJ redlining settlement offers warning about M&A

American Banker

First National Bank of Pennsylvania, a unit of FNB Corp., ran into trouble in connection with North Carolina operations it acquired from Yadkin Financial in 2017.

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OppFi files complaint to block “true lender” challenge by California Department of Financial Protection and Innovation

CFPB Monitor

The rules provide that a loan made by a national bank, federal savings association, or federally-insured state-chartered bank that is permissible under applicable federal law (Section 85 of the National Bank Act (NBA) or Section 27 of the Federal Deposit Insurance Act (FDIA)) is not affected by the sale, assignment, or other transfer of the loan.

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California Dept. of Business Oversight launches “true lender” investigation of auto title lender’s partnership with Utah bank

CFPB Monitor

The DBO indicated that it “is investigating whether LoanMart’s role in the arrangement is so extensive as to require compliance with California’s lending laws. While several states oppose the preemption of state usury laws in the context of bank/nonbank partnerships, federal banking regulators have taken a different stance.

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State AGs urge Mulvaney to continue use of disparate impact theory of ECOA liability

CFPB Monitor

57, disapproving of the CFPB’s Bulletin 2013-2 regarding “Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act.” They assert that action by the CFPB in derogation of those regulations would violate the Administrative Procedure Act. to discriminate against any person.

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The 2023 GonzoBanker Awards

Gonzobanker

Honorable Mentions – while this was a quiet year for M&A, we tip our hat to Atlantic Union’s acquisition of American National Bank and Eastern Bank’s acquisition of Cambridge Bank. The Bank Regulator Working for Merchants Award! Seems like maybe this has been forgotten when it comes to these regulations.

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Finovate Debuts: nCino Helps FIs Benefit from Cloud Banking

Fintech Labs Insights

Named to Planet Compliance’s RegTech Top 100 Power List this spring, nCino partnered with North State Bank in April and teamed up with Valley National Bank in March to power commercial loan operations at both institutions. Headquartered in Wilmington, North Carolina. Company Facts. Founded in 2012.

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