TWO COPS ON THE BEAT: REGULATOR WANTS SOLE AUTHORITY TO CHARTER FINTECH FIRMS

Last updated: June 19, 2025, 20:17 | Written by: Naval Ravikant

Two Cops On The Beat: Regulator Wants Sole Authority To Charter Fintech Firms
Two Cops On The Beat: Regulator Wants Sole Authority To Charter Fintech Firms

The burgeoning fintech industry is at the heart of a regulatory tug-of-war in the United States, with significant implications for the future of digital finance. We would like to show you a description here but the site won t allow us.At the center of this debate is the question of who should have the power to charter fintech firms – the Office of the Comptroller of the Currency (OCC) or the Consumer Financial Protection Bureau (CFPB)?Brian Brooks, the acting head of the OCC and a former Coinbase executive, has firmly stated his belief that the OCC should retain sole authority, warning against the CFPB's involvement. Regulator wants sole authority to charter fintech firms Posted by theworldcryptonews Janu Posted in Uncategorized Tags: The World Crypto News Brian Brooks, the acting head of the U.S. Office of the Comptroller of the Currency and former chief legal officer to Coinbase, has warned against the Consumer Financial Protection BureauThis stance has ignited a discussion about the optimal regulatory landscape for fintech, raising crucial questions about innovation, consumer protection, and the potential for conflicting oversight. BTCUSD Bitcoin 'Two cops on the beat': Regulator wants sole authority to charter fintech firmsThe fight for regulatory control underscores the rapid growth and increasing importance of fintech in the modern financial system. Sob a lideran a de Brian Brooks, o OCC criou a Carta de Pagamentos de Finalidade Especial para FinTech em 2025, abrindo caminho para que certas empresas de criptografia se candidatem ao reconhecimento como um banco nacional. Paxos e BitPay buscaram aprova o para atuar sob o novo regime em dezembro.It's a battle over shaping the future of finance, and the outcome will have far-reaching consequences for companies and consumers alike. cointelegraph.com: The OCC s acting head is pushing against the Consumer Financial Protection Bureau s intention to charter non-depository fintech firms.The debate is not simply bureaucratic.It strikes at the core of how financial innovation is fostered while mitigating potential risks.

The OCC's Stance: A Single Regulator for Fintech Charters

Brian Brooks's argument centers around the idea that the OCC, as the primary federal banking regulator, already possesses the necessary expertise and legal framework to oversee fintech companies. In a statement Wednesday, Brooks held firm that the OCC retains chartering authority, describing the OCC and CFPB as two cops on the beat with separate responsibilities. Under the law, the agency that grants national charters to companies engaged in lending, payments, or deposit-taking is the Office of the Comptroller of the CurrencyHe has referred to the OCC and CFPB as ""two cops on the beat,"" each with distinct responsibilities.Brooks believes that granting the CFPB chartering authority would lead to regulatory overlap, confusion, and potentially stifle innovation.

Under Brooks' leadership, the OCC has already taken steps to create a **Special Purpose National Bank (SPNB) charter** for fintech companies.This charter is designed for firms engaged in lending, payments, or deposit-taking activities but don't necessarily take deposits. Under Brian Brooks leadership, the OCC created the Special Purpose Payments Charter for FinTech in 2025, paving the way for certain crypto firms to apply for recognition as a national bank. Paxos and BitPay sought approval for chartering under the new regime in December.This provides a pathway for these companies to operate under a national regulatory framework, offering several advantages.

Benefits of an OCC Fintech Charter

  • National Reach: A national charter allows fintech firms to operate across state lines without navigating a complex web of state-by-state regulations.
  • Federal Oversight: Operating under federal oversight can enhance credibility and attract investors.
  • Clarity and Consistency: A single federal regulator provides a consistent and predictable regulatory environment.

Paxos and BitPay, prominent crypto firms, have already sought approval for chartering under this new regime, highlighting the industry's interest in this option.

The CFPB's Potential Role: Consumer Protection First?

The CFPB, established in the wake of the 2008 financial crisis, has a mandate to protect consumers from unfair, deceptive, or abusive financial practices.Proponents of the CFPB's involvement in fintech regulation argue that the agency's consumer-focused expertise is essential to ensuring that these innovative financial products and services are safe and beneficial for consumers.

The CFPB could potentially offer a different type of charter, possibly focused on non-depository fintech firms. special purpose national bank charter to a fintech company. For a number of reasons, the OCC believes it may be in the public interest to do so. First, applying a bank regulatory framework to fintech companies will help ensure that these companies operate in a safe and sound manner so that they can effectively serve the needs ofThis approach might prioritize consumer protection measures and ensure that fintech companies adhere to strict standards of transparency and fairness.

Concerns Regarding the CFPB's Involvement

  • Regulatory Overlap: Critics argue that granting chartering authority to both the OCC and the CFPB would create unnecessary overlap and confusion.
  • Potential for Conflict: Differing regulatory philosophies between the two agencies could lead to conflicting requirements for fintech companies.
  • Innovation Stifling: Some worry that the CFPB's emphasis on consumer protection could inadvertently stifle innovation by imposing overly burdensome regulations.

The State Regulator's Perspective: A Three-Way Turf War?

The Conference of State Bank Supervisors (CSBS) has already filed a lawsuit against the OCC, challenging its authority to grant fintech charters. 'Two cops on the beat': Regulator wants sole authority to charter fintech firmsThis adds another layer of complexity to the regulatory landscape. Brian Brooks defends fintech charter to House Financial Services Committee 'Two cops on the beat': Regulator wants sole authority to charter fintech firms Protection Bureau s intentionState regulators argue that they have historically played a crucial role in overseeing financial institutions and that the OCC's fintech charter encroaches on their authority.

Some states are even exploring their own chartering options for fintech companies, further complicating the regulatory picture.One state has issued a charter that would allow a state-licensed special purpose bank to operate, blurring the lines between state and federal oversight.This leads to a fragmented, possibly inconsistent, regulatory landscape for fintech firms that may lead to higher compliance costs and complexity.

The Future of Fintech Regulation: Navigating Uncertainty

The ongoing debate over fintech chartering authority creates uncertainty for both established financial institutions and emerging fintech companies.The lack of clarity can make it difficult for businesses to plan for the future, attract investment, and develop innovative products and services.

Adding to this uncertainty is the Federal Reserve's role. 'Two cops on the beat': Regulator wants sole authority to charter fintech firms PANews | The OCC s acting head is pushing against the Consumer Financial Protection Bureau s intention to charter non-depository fintech firms.National banks are required to be members of the Federal Reserve System, and the Fed's response to the OCC's fintech charter remains unclear.This ambiguity creates another layer of complexity for fintech companies considering a national charter.

Key Questions and Considerations

  • What is the optimal balance between innovation and consumer protection in fintech regulation?
  • How can regulators ensure a level playing field for both traditional financial institutions and fintech companies?
  • What is the appropriate role for state regulators in overseeing fintech?
  • How can regulatory uncertainty be minimized to foster innovation and attract investment?
  • How will cryptocurrencies and blockchain technology be integrated into the regulatory framework?

Practical Implications for Fintech Companies

For fintech companies, the regulatory landscape presents both challenges and opportunities. 'Two cops on the beat': Regulator wants sole authority to charter fintech firms The OCC s acting head is pushing against the Consumer FinancialHere are some actionable steps that fintech firms can take to navigate this complex environment:

  1. Stay informed: Closely monitor regulatory developments and engage with industry associations to stay up-to-date on the latest changes.
  2. Seek expert advice: Consult with legal and regulatory experts to understand the implications of different chartering options.
  3. Develop a compliance plan: Create a comprehensive compliance plan that addresses all relevant regulatory requirements.
  4. Engage with regulators: Proactively engage with regulators to understand their expectations and address any concerns.
  5. Consider state and federal options: Evaluate the pros and cons of both state and federal chartering options to determine the best fit for your business.

The Cryptocurrency Factor

The debate over fintech charters is inextricably linked to the evolving landscape of cryptocurrency and blockchain technology. With the SPNB charter, fintech firms that engage in one of the two core banking activities of paying checks or lending money, but do not take deposits, can obtain a charter and be immune from someThe OCC, under Brian Brooks' leadership, has been relatively open to exploring the potential of crypto assets and has taken steps to provide regulatory clarity for crypto firms.

However, the CFPB has historically taken a more cautious approach to crypto, focusing on the potential risks to consumers. The OCC s acting head is pushing against the Consumer Financial Protection Bureau s intention to charter non-depository fintech firms. Brian Brooks, the acting head of the U.S. Office of the Comptroller of the Currency and former chief legal officer to Coinbase, has warned against the Consumer Financial Protection Bureau receiving the right to grant Fintech Charters. Earlier MoreThe agency has issued warnings about the volatility of cryptocurrencies and the potential for fraud and scams.

The future of crypto regulation remains uncertain, but the outcome of the fintech chartering debate will likely have a significant impact on the industry.If the OCC retains sole authority, it could pave the way for further innovation and adoption of crypto assets. V2.2 - Fixed an issue with the bike cops not showing up V2.1 - Merged old popgroups.ymt with Rockstar's latest, as well as popcycle.dat file. - Readded police3 into the city police car table - Reduced police car spawns in the city - Supports OpenIV Package Installer V2.0 - Sheriff's patrol the countryside and San Andreas Highway Patrol take it to the highways. Should you have Travel to NorthIf the CFPB gains more influence, it could lead to stricter regulations and a more cautious approach to crypto.

The Importance of Regulatory Clarity

Regardless of which agency ultimately gains control over fintech chartering, the most important thing is to provide clarity and consistency for the industry.Regulatory uncertainty can stifle innovation, discourage investment, and create unnecessary costs for businesses.

A clear and well-defined regulatory framework can foster innovation, protect consumers, and promote the responsible growth of the fintech industry. Two cops on the beat : Regulator wants sole authority to charter fintech firms Brian Brooks, the acting head of the U.S. Office of the Comptroller of the Currency and former chief legal officer to Coinbase, has warned against the Consumer Financial Protection Bureau receiving the right to grant Fintech Charters.It is crucial for regulators to work together to create a regulatory environment that supports both innovation and consumer protection.

What Exactly is a Fintech Charter and Why Does it Matter?

A fintech charter is a specific type of regulatory approval that allows fintech companies to operate legally within the financial system.It's similar to a bank charter but tailored for the unique business models of fintech firms.These charters define what activities the company can engage in, what regulations it must follow, and who oversees its operations.

The importance of a fintech charter lies in its ability to provide legitimacy, reduce regulatory burdens (by preempting certain state laws with a national charter), and attract investment. Brian Brooks, the acting head of the U.S. Office of the Comptroller of the Currency and former chief legal officer to Coinbase, has warned against the Consumer Financial ProtectioWithout a charter, fintech companies may face a fragmented regulatory landscape, potentially hindering their growth and ability to innovate.

Why the Fight Over Fintech Charters?

The reason the OCC and CFPB are vying for authority stems from differing philosophies and mandates.The OCC historically focuses on the safety and soundness of financial institutions, while the CFPB prioritizes consumer protection. Welcome! Log into your account. your username. your passwordGranting chartering authority to one over the other signals which priority takes precedence.This decision will have ripple effects across the industry.

The Current Lawsuit and Its Impact

The Conference of State Bank Supervisors (CSBS) lawsuit against the OCC throws another wrench into the works.The CSBS argues that the OCC is overstepping its authority by granting national fintech charters that preempt state regulations.This lawsuit adds significant uncertainty because the legal challenge could take years to resolve, further delaying clarity for fintech companies. U.S. regulators are vying for the authority to charter fintech firms, with OCC head Brian Brooks warning against the right being extended to the Consumer Financial Protection Bureau.The resulting confusion can dampen investor enthusiasm and hold back innovation.

Conclusion: Charting the Course for Fintech Regulation

The debate over ""two cops on the beat"" highlights the critical need for a well-defined and balanced regulatory approach to fintech. Bajo la direcci n de Brian Brooks, la Oficina del Contralor de la Moneda cre la Carta de Pagos con Fines Especiales para FinTech en 2025, allanando el camino para que ciertas empresas de criptomonedas soliciten el reconocimiento como banco nacional. Paxos y BitPay buscaron la aprobaci n para el chartering bajo el nuevo r gimen en diciembre.The fight for sole authority to charter fintech firms between the OCC and CFPB reflects differing priorities and philosophies.While the OCC emphasizes innovation and national consistency, the CFPB prioritizes consumer protection. 'Two cops on the beat': Regulator wants sole authority to charter fintech firms: The OCC's acting head is pushing against the Consumer Financial Protection Bureau's intention to charterUltimately, the goal should be to create a regulatory environment that fosters innovation while safeguarding consumers from potential risks.

Key takeaways from this debate include the need for regulatory clarity, a balanced approach to innovation and consumer protection, and a clear understanding of the roles of both state and federal regulators. A federal banking regulator s grant of the first national trust bank charter to a cryptocurrency startup may touch off a turf war over which agency is best suited to oversee the burgeoningFintech companies must stay informed, seek expert advice, and proactively engage with regulators to navigate this complex landscape. 1 This primary federal banking regulator may be the OCC, the FDIC, or the Board of Governors of the Federal Reserve, depending on chartering choices made by the bank. 2 However, as described further below, states allow some state-regulated money transmitters to act as banks for all practical purposes, and recently one state has issued a charter that would allow a state-licensed specialAs the fintech industry continues to evolve, it is crucial for regulators to adapt and create a framework that supports responsible growth and innovation while ensuring the safety and well-being of consumers.

Naval Ravikant can be reached at [email protected].

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