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

[Gunnar Larson]

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
>>>
>>>
>>>
>>>
>>>
>>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: text/html
Size: 14306 bytes
Desc: not available
URL: <https://lists.cpunks.org/pipermail/cypherpunks/attachments/20230720/3f1c13e1/attachment.txt>