Key takeaways

• The Federal Deposit Insurance Corporation (“FDIC”) and the Office of the Comptroller of the Currency (“OCC”) recently released new regulatory guidance and a proposed rule, respectively, which may impact marketplace lending (“MPL”) arrangements and FinTech firms more generally.
• The FDIC’s Proposed Examination Guidance for Third Party Lending (“Guidance”) reflects enhanced scrutiny by the agency of the third-party lending model, often seen in MPL arrangements. MPL firms should consider their current arrangements with institution partners to assess whether they may be impacted by the Guidance. 
• The OCC’s proposed rule would adopt a receivership framework for uninsured national banks.  The proposal, if adopted, would lay the groundwork for a potential OCC FinTech charter by which financial innovation may be incorporated into the traditional banking model.