Article · Finance

Rent-a-Charter: The Bank Partnership Model and the Law That Keeps Testing It

12 U.S.C. § 85

Type
Article
Jurisdiction
National
Date
2024-08-29
Topic
Finance

Most consumer lending in the United States that looks like it comes from a technology company actually comes from a bank. The fintech markets the product, underwrites it, services it, and takes the credit risk, while a chartered bank originates the loan and immediately sells it back. That structure exists for one reason: federal law lets a bank charge the interest rate permitted by its home state anywhere in the country, and a non-bank lender cannot. This article explains the exportation doctrine from Marquette through Smiley, why Madden v. Midland Funding disrupted the assignment half of the model and how the valid-when-made rules answered it, and why the true lender question remains genuinely open after Congress repealed the OCC rule that tried to settle it. It then maps the rest of the consumer financial services regime that applies regardless of who the lender is: the CFPB's UDAAP authority and its recent constitutional history, the disclosure and fair lending statutes, the money transmission and anti-money-laundering licensing layer, third-party risk management expectations that make the bank responsible for its partner's conduct, and the newer products and rules reshaping the field.

Rent-a-Charter: The Bank Partnership Model and the Law That Keeps Testing It

Finance > Consumer Financial Services | Published 29 August 2024 - Updated 21 February 2026 | UpLaw - uplaw.us

In brief. A national bank may charge the interest rate allowed by the law of the state where it is located, to a borrower anywhere in the country. A non-bank lender must comply with the usury law of the borrower's state. That single asymmetry — created by the National Bank Act and confirmed in 1978 — is the reason nearly every consumer fintech lender has a bank partner. Everything else about the structure is engineering around that one rule.

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