NY-DFS Proposed Guidance on Character and Fitness (Extension Appeal)

[Gunnar Larson]

On Thu, Jul 20, 2023, 6:39 PM Gunnar Larson <g at xny.io> wrote:

>
> On Thu, Jul 20, 2023, 6:36 PM Scott, Kathleen (DFS) <
> Kathleen.Scott at dfs.ny.gov> wrote:
>
>> Dear Mr. Larson
>>
>> I am in receipt of your messages and conferring on a response
>>
>> Very truly yours,
>>
>> Kathleen Scott
>>
>>
>>
>> *Kathleen A. Scott*
>>
>> Deputy Superintendent of Banking
>>
>>
>>
>> *New York State Department of Financial Services*
>>
>> One State Street Plaza, New York, NY  10004+1511
>>
>> Phone: (212) 837-7321 | Fax: (212) 709-3520 | Mobile +1 (917) 538-3067
>>
>> Kathleen.scott at dfs.ny.gov
>>
>>
>>
>> *www.dfs.ny.gov <http://www.dfs.ny.gov/>*
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> *From:* Gunnar Larson <g at xny.io>
>> *Sent:* Thursday, July 20, 2023 6:34 PM
>> *To:* Scott, Kathleen (DFS) <Kathleen.Scott at dfs.ny.gov>
>> *Cc:* cypherpunks at cpunks.org; Tomczak, Christine (DFS) <
>> christine.tomczak at dfs.ny.gov>; Harris, Adrienne A (DFS) <
>> Adrienne.Harris at dfs.ny.gov>; letitia.james at ag.ny.gov;
>> dfs.sm.BankingComments <BankingComments at dfs.ny.gov>
>> *Subject:* Re: NY-DFS Proposed Guidance on Character and Fitness
>> (Extension Appeal)
>>
>>
>>
>> *ATTENTION: This email came from an external source. Do not open
>> attachments or click on links from unknown senders or unexpected emails.*
>>
>>
>>
>>
>>
>> On Thu, Jul 20, 2023, 5:28 PM Gunnar Larson <g at xny.io> wrote:
>>
>>
>>
>> On Sun, Jul 2, 2023, 6:38 AM Gunnar Larson <g at xny.io> wrote:
>>
>> Dear Ms. Scott:
>>
>>
>>
>> Today xNY.io - Bank.org asks NY-DFS to please reconsider deadline for
>> public comment concerning "Proposed Guidance on Assessment of the Character
>> and Fitness of Directors, Senior Officers, and Managers" mentioned here:
>> https://www.dfs.ny.gov/industry_guidance/industry_letters/il20230509_guidance_assessment_fitness
>> .
>>
>>
>>
>> xNY.io - Bank.org asks if the NY-DFS will extend deadline for public
>> comment to August 5, 2023 from June 30, 2023.
>>
>>
>>
>> As requested by NY-DFS, today we provide evidence of any documented
>> exceptions to compliance with the "Suggested Questions to Facilitate
>> Initial and Ongoing Assessment of Designated Persons’ Character and
>> Fitness."
>>
>>
>>
>> As Ms. Tomczak can confirm, xNY.io - Bank.org has a FOIL Request No.
>> 2022-090560 - Larson (NY-DFS Apple Card Investigation) appeal pending since
>> October 13, 2022.
>>
>>
>>
>> This last Friday, Bloomberg reported, "Goldman Sachs Is in Talks to Exit
>> Apple Partnership, WSJ Says"
>> https://www.bloomberg.com/news/articles/2023-06-30/goldman-sachs-is-in-talks-to-exit-apple-partnership-wsj-says
>> .
>>
>>
>>
>> xNY.io - Bank.org is seeking NY-DFS' extension for public comment to
>> August 5, 2023 so that the New York Banking community has time to complete
>> Q2-23 earnings call disclosures.
>>
>>
>>
>> Furthermore, xNY.io - Bank.org has collated 19 references comprising 205
>> highlights that touch on the five key areas below:
>> https://drive.google.com/drive/folders/1FTRRFFhQHDxf-oR9WOZz0a2gRtC9ZWVO
>> .
>>
>>
>>
>> -Harassment and Discrimination Policies
>>
>>
>>
>> -Conflict of Interest Policy
>>
>>
>>
>> -Insider Trading Policy
>>
>>
>>
>> -Records Management Policy
>>
>>
>>
>> -Corporate Opportunity Policy
>>
>>
>>
>> As documented in the above 19 references, we feel extra time for public
>> comment is warranted to ensure that xNY.io - Bank.org did not play a
>> significant role or otherwise contribute in a meaningful way to the conduct
>> that led to regulatory action or proceeding without ample notice.
>>
>>
>>
>> Per point one of NY-DFS' "Suggested Questions to Facilitate Initial and
>> Ongoing Assessment of Designated Persons’ Character and Fitness," can you
>> kindly acknowledge that you have reviewed and understand our 'third' appeal
>> seeking extension for public comment to August 5, 2023?
>>
>>
>>
>> Sending you the very best from Chelsea.
>>
>>
>>
>> Thank you,
>>
>>
>>
>> Gunnar
>>
>>
>>
>> --
>>
>> Gunnar Larson
>>
>> xNY.io | Bank.org
>>
>> MSc - Digital Currency
>>
>> MBA - Entrepreneurship and Innovation (ip)
>>
>>
>>
>> G at xNY.io
>>
>> +1-917-580-8053
>>
>> New York, New York 10001
>>
>>
>>
>> On Fri, Jun 30, 2023, 7:02 PM Gunnar Larson <g at xny.io> wrote:
>>
>> Dear Ms. Scott:
>>
>>
>>
>> Thank you for your response.
>>
>>
>>
>> Wishing you a great weekend ahead.
>>
>>
>>
>> Gunnar
>>
>>
>>
>> Gunnar Larson
>>
>> xNY.io - Bank.org
>>
>> 917-580-8053
>>
>>
>>
>> On Fri, Jun 30, 2023, 4:59 PM Scott, Kathleen (DFS) <
>> Kathleen.Scott at dfs.ny.gov> wrote:
>>
>> Dear Mr. Larson,
>>
>>
>>
>> The Department has reviewed your request and at this time is not
>> extending the deadline for comment on the proposed guidance.
>>
>>
>>
>> For the avoidance of doubt, please note that the proposed guidance is not
>> asking anyone to complete the sample questionnaire.  The sample
>> questionnaire is merely provided for review and comment by entities
>> regulated by the Department.
>>
>>
>>
>> Very truly yours,
>>
>> Kathleen Scott
>>
>>
>>
>>
>>
>>
>>
>> *From:* Gunnar Larson <g at xny.io>
>> *Sent:* Wednesday, June 28, 2023 12:05 AM
>> *To:* Scott, Kathleen (DFS) <Kathleen.Scott at dfs.ny.gov>
>> *Cc:* dfs.sm.BankingComments <BankingComments at dfs.ny.gov>;
>> cypherpunks at cpunks.org
>> *Subject:* NY-DFS Proposed Guidance on Character and Fitness (Extension
>> Appeal)
>>
>>
>>
>> You don't often get email from g at xny.io. Learn why this is important
>> <https://aka.ms/LearnAboutSenderIdentification>
>>
>> *ATTENTION: This email came from an external source. Do not open
>> attachments or click on links from unknown senders or unexpected emails.*
>>
>>
>>
>> Ms. Scott:
>>
>>
>>
>> NY-DFS recently asked for public comment concerning "Proposed Guidance on
>> Assessment of the Character and Fitness of Directors, Senior Officers, and
>> Managers" mentioned here:
>> https://www.dfs.ny.gov/industry_guidance/industry_letters/il20230509_guidance_assessment_fitness
>> .
>>
>>
>>
>> xNY.io - Bank.org asks if the NY-DFS will extend deadline for public
>> comment to August 5, 2023 from June 30, 2023.
>>
>>
>>
>> As requested by NY-DFS, today we provide (in a separate attachment)
>> evidence of any documented exceptions to compliance with the "Suggested
>> Questions to Facilitate Initial and Ongoing Assessment of Designated
>> Persons’ Character and Fitness."
>>
>>
>>
>> We have collated 19 references comprising 205 highlights that touch on
>> the five key areas below:
>> https://drive.google.com/drive/folders/1FTRRFFhQHDxf-oR9WOZz0a2gRtC9ZWVO
>> .
>>
>>
>>
>> -Harassment and Discrimination Policies
>>
>>
>>
>> -Conflict of Interest Policy
>>
>>
>>
>> -Insider Trading Policy
>>
>>
>>
>> -Records Management Policy
>>
>>
>>
>> -Corporate Opportunity Policy
>>
>>
>>
>> xNY.io - Bank.org is seeking NY-DFS' extension for public comment to
>> August 5, 2023 so that the New York Banking community has time to complete
>> Q2-23 earnings call disclosures.
>>
>>
>>
>> As documented in the above 19 references, we feel extra time for public
>> comment is warranted to ensure that xNY.io - Bank.org did not play a
>> significant role or otherwise contribute in a meaningful way to the conduct
>> that led to regulatory action or proceeding without ample notice.
>>
>>
>>
>> Per point one of NY-DFS' "Suggested Questions to Facilitate Initial and
>> Ongoing Assessment of Designated Persons’ Character and Fitness," can you
>> kindly acknowledge that you have reviewed and understand our appeal seeking
>> extension for public comment to August 5, 2023?
>>
>>
>>
>> We hope to hear from you before June 30, 2023 given obvious factors.
>>
>>
>>
>> Sending you the very best regards.
>>
>>
>>
>> Thank you,
>>
>>
>>
>> Gunnar
>>
>>
>>
>> --
>>
>> Gunnar Larson
>>
>> xNY.io | Bank.org
>>
>> MSc - Digital Currency
>>
>> MBA - Entrepreneurship and Innovation (ip)
>>
>>
>>
>> G at xNY.io
>>
>> +1-917-580-8053
>>
>> New York, New York 10001
>>
>>
>>
>>
>>
>>
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