ARTICLE
6 August 2021

OCC True Lender Rule Removed From Code Of Federal Regulations

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The OCC "true lender rule" was removed from the Code of Federal Regulations, effective immediately.
United States Finance and Banking
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The OCC "true lender rule" was removed from the Code of Federal Regulations, effective immediately.

As previously covered, President Biden signed into effect the Senate and House of Representatives' joint disapproval of the true lender rule, which was rescinded under the Congressional Review Act. The true lender rule, adopted in October 2020, would have made explicit the circumstances in which a national bank or federal savings association is considered to be the "true lender" in the "context of a partnership between a bank and a third party, such as a marketplace lender."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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