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New Fair Banking Executive Order: Key Directives, Implications, Compliance Considerations, Risk Management

Eliminating Reputation Risk in Bank Supervision, Identifying and Redressing Debanking, Increased Scrutiny for Banking Decisions

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, October 15, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 19, 2025

or call 1-800-926-7926

This CLE webinar will discuss President Trump's new Executive Order (EO) guaranteeing fair access to banking and directing federal banking regulators to take measures to end "politicized or unlawful" debanking practices. The panel will discuss the agency objectives outlined in the EO, address agency action to date, and provide best practices for helping financial institution clients navigate this rapidly changing regulatory environment.

Description

On Aug. 7, 2025, President Trump issued an EO titled "Guaranteeing Fair Banking for All Americans." The new EO outlines the Trump administration's initiatives on access to banking and financial services and expands on numerous recent federal and state initiatives targeting debanking.

The fair banking EO is designed to ensure that federal regulators do not promote or permit policies and practices that allow financial institutions to deny or restrict financial services based on political affiliation, religious beliefs, or engagement in lawful business activities.

The EO generally targets debanking by directing federal regulators to remove "reputation risk" or equivalent concepts as a supervisory consideration. Also, federal regulators are directed to consider rescinding or amending existing regulations to eliminate the risk of politicized or unlawful debanking and to ensure that an institution's or customer's reputation is "considered for regulatory, supervisory, banking, or enforcement purposes solely to the extent necessary to reach a reasonable and apolitical risk-based assessment."

The EO further directs federal regulators to review the financial institutions that they regulate to identify those that have had policies or practices that require, encourage, or otherwise influence them to engage in politicized or unlawful debanking and take appropriate remedial action. They also must review their current supervisory and complaint data to identify financial institutions that have engaged in unlawful debanking on the basis of religion.

While the EO contains broad mandates to banking agencies, many questions remain as to how these directives will be accomplished within the short timelines set forth in the EO, creating compliance challenges for those in the financial services industry. Counsel should understand the EO's objectives, agency impact, and action taken to date to fulfill these objectives, and how financial services clients may be impacted to help them navigate this rapidly evolving regulatory landscape.

Listen as our expert panel reviews the key directives of the new EO and their implications and provides guidance for advising clients on compliance and risk management strategies going forward.

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Outline

  1. Introduction
  2. Understanding the EO: increased federal scrutiny of past and present debanking policies and actions
  3. Agency objectives
  4. Agency action to date
  5. Impact on financial services industry
  6. Remaining questions and compliance challenges
  7. Other recent federal and state initiatives targeting debanking
  8. Best practices for compliance and risk mitigation

Benefits

The panel will address these and other key issues:

  • How are the administration's policies relating to financial services reflected in the EO?
  • What agencies are impacted by the EO? What agency action will be required? What agency action has been taken to date?
  • Who in the financial services industry may be most impacted by the EO's directives and in what ways?
  • What questions are left unanswered by the EO, and what are the resulting compliance challenges?

Faculty

Bieker, Christa
Christa L. Bieker

Partner
Mayer Brown

Ms. Bieker’s practice focuses on representing financial services clients in connection with government...  |  Read More

Bisanz, Matthew
Matthew Bisanz

Partner
Mayer Brown

Mr. Bisanz counsels domestic and global financial services firms on a variety of banking and derivatives regulatory...  |  Read More

Gray, Jonice
Jonice M. Gray

Partner, Chair Consumer Financial Services Practice
Paul Hastings

Ms.Gray specializes in work with banks, non-bank financial institutions and other companies providing financial...  |  Read More

Attend on October 15

Early Discount (through 09/19/25)

Cannot Attend October 15?

Early Discount (through 09/19/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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