Recent developments about the New York State Department of Financial Services
(Not affiliated with NYDFS; just a blog.)
Its finally here: first-in-the-nation stablecoin guidance for regulated cryptocurrency entities. Some highlights: Backing and Redeemability: The stablecoin must be fully backed by a Reserve of assets, meaning that the market value of the Reserve is at least equal to the nominal value of all outstanding units of the stablecoin as of the end of each … Read more
NYDFS entered into a consent order with Nationwide Life Insurance Company for $5.6 million in penalties and restitution arising from violations alleged to have occurred in connection with the annuity replacement business. According to NYDFS, “DFS’s investigation found that Nationwide failed to properly disclose to consumers income comparisons and suitability information, causing consumers to exchange … Read more
At the Links 2022 Conference, NYDFS Superintendent Adrienne A. Harris stated that “the regulatory agency will triple the size of its virtual currency unit by the end of the year.” Its ambitious — but much needed. Superintendent Harris “said her agency is working to hire additional staff and update its guidance to better deal with … Read more
NYDFS issued guidance concerning the use of blockchain analytics by regulated cryptocurrency firms. NYDFS stated: “The purpose of this guidance … is to emphasize to all virtual currency business entities that are either licensed under 23 NYCRR Part 200 or chartered as a limited purpose trust company … the importance of blockchain analytics to effective policies, … Read more
Matthew Levine published his most recent article on NYDFS titled “NYDFS Roundup: Crypto, Cybersecurity, and Insurance Companies.” The article begins: “Change has been a constant at the New York State Department of Financial Services. Since its first Superintendent departed the agency in June 2015, there have been six confirmed and acting Superintendents for DFS. With … Read more
The New York State legislature and Governor Hochul enacted a new law that allows NYDFS to assess licensed crypto businesses in the same manner it assesses other regulated entities. Each regulated entity must pay a yearly assessment to NYDFS that, in aggregate, funds NYDFS operations. NYDFS does not rely on taxpayer funds and does not … Read more
NYDFS held the first of three webinars marking the 5th anniversary of adoption of its Cybersecurity Regulation, known as “Part 500.” The webinar featured from NYDFS Justin Herring, Executive Deputy Superintendent for Cybersecurity, William Petersen, Assistant Deputy Superintendent for Cybersecurity Supervision, and Robert Francis, its CIO. Some takeaways: The Cybersecurity Division has now grown to … Read more
Matthew Levine spoke on a panel at the ABA’s Business Law Section’s Hybrid Spring Meeting on enforcement risks for banks, fintechs and their vendors. As the regulatory perimeter continues to develop, the enforcement risk for regulated financial institutions, fintechs, and third-party service providers, including notably the technology companies that work with them, remains a key … Read more
In an in-depth look at NYDFS Superintendent Adrienne A. Harris, titled, “Crypto’s Most Powerful Regulator is Here,” New York Magazine (nymag.com) elicits important information concerning her vision and approach to cryptocurrency regulation is included, including her view that NYDFS may attempt to regulate DEFI “lending and asset management.” The article may be found here: https://nymag.com/intelligencer/2022/03/adrienne-harris-is-cryptos-most-powerful-regulator.html
Hot takes from Part Two of Law360’s interview with NYDFS Superintendent Adrienne A. Harris: NYDFS intends to streamline the Bitlicense application process but “without sacrificing regulatory rigor.” Diversity in the Board and management of regulated financial institutions is a “safety and soundness” issue. Superintendent Harris’ favorite musical artist is Jay-Z. Part Two of the Law360 … Read more