A New Era for Banking: What President Trump’s Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers

You’re invited to a critical webinar addressing a major development in the financial services industry.

On August 7, President Trump signed a new executive order titled “Guaranteeing Fair Banking for All Americans.” The order seeks to prohibit financial institutions—regardless of size—from denying services to individuals or entities based on their political or religious beliefs or orientation, or the lawful businesses in which they are engaged.

This landmark action is poised to reshape the landscape of banking compliance and risk management. With federal regulators now directed to combat “politicized or unlawful debanking,” financial institutions, businesses, banking customers, and legal and compliance professionals must understand both the immediate and long-term implications.

What You Will Learn

• History of prior initiatives to prohibit debanking
• Deep dive into the Executive Order, including analysis of key provisions such as:Directing federal banking regulators to remove “reputational risk” and similar concepts that enable politicized or unlawful debanking from their guidance, exam manuals, and other materials
  • Instructing the Small Business Administration to require financial institutions under its jurisdiction to reinstate clients and potential clients previously denied services due to unlawful debanking
  • Directing the Treasury Secretary, in consultation with the Assistant to the President for Economic Policy, to develop a comprehensive strategy to combat politicized or unlawful debanking, including potential legislative or regulatory solutions
  • Requiring federal banking regulators to review financial institutions for past or current policies, practices and actions reflecting politicized or unlawful debanking and to take remedial actions, including fines or consent decrees
  • Requiring federal banking regulators to review supervisory and complaint data for instances of unlawful debanking based on religion and to refer such cases to the Attorney General

• Legal foundations: Does UDAAP under the Consumer Financial Protection Act, UDAP under the FTC Act, or the Equal Credit Opportunity Act provide sufficient authority for the Executive Order?

• Defining “unlawful business”: Must financial institutions serve businesses in industries such as crypto, cannabis, pornography, or firearms? What due diligence obligations apply if the institution has or lacks expertise to evaluate such businesses?

• Policy considerations: Does the Executive Order foster safe and sound banking practices?

• Intersection with AML/BSA compliance requirements

• Federal and state law interplay: How the Executive Order aligns with or diverges from state-level “fair access” and “anti-debanking” laws already enacted in Florida, Tennessee, and elsewhere

• Best practices: Should financial institutions consider retaining an outside counsel review to determine compliance with the Executive Order?

• The path forward: Next steps for regulators, financial institutions, and potential legislative or regulatory developments

Reaction of Agencies

• On August 26, SBA sent letters to network of lenders instructing them to end unlawful debanking practices, reinstate otherwise qualified customers who were debanked and report to the agency by January 5, 2026- addressing and evidencing their compliance
• On September 8, OCC issued bulletin no. 2025-22 explaining that it will consider debanking practices as part of its licensing and evaluations of applications to approve certain applications and community reinvestment act performance and rating

Reserve Your Spot Today!

This is a must-attend event for officers, directors, legal and compliance professionals at financial institutions, and those working for financial regulators.

Moderator

Alan S. Kaplinsky,Senior Counsel. founder and former chair of Consumer Financial Services Group, Ballard Spahr LLP

Presenters

Will Hild, Executive Director, Consumers' Research

Brian Knight, Senior Counsel, Corporate Engagement, Alliance Defending Freedom

Jason Mikula, Publisher, Fintech Business Weekly

Todd Phillips, Assistant Professor, Maurice R. Greenberg School of Risk Science, J. Mack Robinson College of Business, Georgia State University

Graham Steele, Academic Fellow, Rock Center for Corporate Governance, Stanford Law School 

Additional Information

This is a must-attend event for officers, directors, legal and compliance professionals at financial institutions, and those working for financial regulators.