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Cannabis Lending Issues in Arizona

It is not very common for banks and financial institutions to provide commercial loans to cannabis companies in Arizona. So why is that? The answer is not always as simple as it may seem. The first thing to consider is what collateral the lender could secure if it wanted to make a loan to a

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The SAFE Banking Act’s Reintroduction in 2021

This week, the SAFE Banking Act’s long-awaited reintroduction finally happened, and by a bipartisan group of over 100 members of the House and 30 members of the Senate (and counting!). The legislation was first introduced in March 2019, and we’ve followed along ever since. This Act has now been passed by the House THREE times,

international cannabis business

How Does My International Cannabis Company Do Banking in the U.S.?

It can be difficult and confusing for an international cannabis company to determine the best way to engage in banking in the U.S. We know that because it is even confusing for domestic marijuana and hemp companies in the U.S. to determine whom to bank with. Banking is not limited to traditional large international banks.

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BCC Announces Proposed Regulations re: AB 1525 and Financial Services

On January 14th, the California Bureau of Cannabis Control (BCC) issued an announcement of proposed regulations pursuant to AB 1525, which was approved by the Governor in September 2020. The purpose of AB 1525 was to: provide that an entity, as defined, that receives deposits, extends credit, conducts fund transfers, transports cash or financial instruments,

California Cannabis Banking: Financial Institutions Get Some Cover

In a step towards achieving the goals of the SAFE Banking Act, California Governor Gavin Newsom approved Assembly Bill 1525, which importantly provides that banks, credit unions, and other financial servicers to cannabis businesses do not violate California law “solely by virtue of the fact that the person receiving the benefit of any of those

New FinCEN Hemp Banking Guidance

ICYMI: The New FinCEN Hemp Banking Guidance

Last week, the Financial Crimes Enforcement Network (FinCEN), issued new guidance (the “FinCEN Guidance”) for financial institutions working with hemp-related businesses. The FinCEN Guidance centers on due diligence requirements as related to the Bank Secrecy Act (BSA). This guidance follows closely on the new National Credit Union Administration (NCUA) guidance for federally-chartered credit unions, which

Credit Unions and Hemp: New Federal Guidance is Here!

Last week, the National Credit Union Administration (NCUA) issued new guidance (“Guidance”) for federally-chartered credit unions serving the hemp industry. All of us at Harris Bricken were excited to see the Guidance released: NCUA retained us last fall to advise the government on this project, and we have always represented credit union clients as to