
Keating argued that banks deserve “balanced, nuanced” regulatory compliance that does not upend their economic prospects, particularly for smaller community banks.
What’s missing from Keating’s argument is a call for balanced, nuanced regulatory compliance that is technology-oriented. Let me explain.
The credit crisis taught us that lax regulatory oversight is not necessarily a benefit to banks. However, irrational, wild-eyed regulatory compliance is not either. Consider the Operation Choke Point lawsuit currently in federal court. That lawsuit — filed by Community Financial Services Association of America, a trade group for payday lenders, and Advance America, which is one of the nation’s largest payday lenders — alleges that regulators pressured banks to avoid working with law-abiding payday lenders. No matter what the outcome of the trial, I have little doubt that at least some regulators are guilty as charged.
Yet, calling for regulators to adopt a more reasonable approach rings hollow without the technology bent. It is untenable to argue for a laxer regulatory regime. Regulatory compliance is less onerous on consumers when it is executed in a more efficient manner — and that means by leveraging technology.
Yesterday, Continuity Control received $10 million of funding. The funding round is significant because Continuity specifically provides technology for bank regulatory compliance. Continuity Control a few months back told Phil Ryan, my colleague here at Bank Innovation, that when regulators come to a community bank that utilizes Continuity Control, they are relieved because they know the bank’s regulatory compliance will be undertaken in a competent manner. I cannot vouch for the quality of Continuity Control’s technology, but I can say that for some banks any technology is better than the manual-oriented approach some cling to. And even the most advanced banks should be pushed to improve the technology that allows for sound regulatory compliance. That “10% to 20%” of the operating budget that Keating says goes to regulatory compliance at some banks today could decline as a result. Wouldn’t that be grand.





