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

[Gunnar Larson]

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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