Ms. Choi is an associate in Davis Polk's Financial Institutions Group. [Full Bio]

The Office of the Comptroller of the Currency (OCC) has finalized a rule (Final Rule) establishing a bright-line test for determining the true lender of a loan.  The Final Rule is intended to address the now-common lending arrangements involving a partnership between a national bank or
Continue Reading The OCC Finalizes a Rule to Answer the True Lender Question

As Acting Comptroller Brian Brooks promised in his Statement on Becoming Acting Comptroller, the OCC proposed a rule on July 20, 2020, setting forth standards for determining the true lender of a loan made in the context of a partnership between a national bank or federal savings association (
Continue Reading The OCC Proposes Two Standards for the True Lender Question

There are distinct, but subtle, shifts in tone in the FSOC’s 2017 Annual Report, especially when compared to previous annual reports and read together with three recent Treasury reports on financial regulatory reform, each of which touches on the role of the FSOC.[1] Taken as a whole, the 2017
Continue Reading FSOC 2017 Annual Report—A Subtle Shift in Tone that Signals the Possibility of Meaningful Change

The Trump Treasury Department’s vision for how the FSOC should fulfill its mission is emerging.[1]  Ironically, this new, and we think better vision, may be closer to how the Obama Treasury Department originally conceived the FSOC’s role.  In essence, we read the implicit Treasury viewpoint to be that the over-focus
Continue Reading Treasury’s Recommendation for FSOC: No CHOICE but to Play Double Duty