Nexo Capital to Pay $500,000 Fine Over Unlicensed Loans in California

According to Cointelegraph, Nexo Capital has agreed to pay a $500,000 fine to California's financial regulator following allegations of issuing thousands of loans to state residents without adequately assessing their repayment capabilities. The California Department of Financial Protection and Innovation (DFPI) announced that Nexo provided at least 5,456 consumer and commercial loans to Californians without holding a valid license. The DFPI highlighted that Nexo Capital generally failed to evaluate borrowers' ability to make timely repayments, existing debt, credit history, or other financial conditions before issuing loans. DFPI Commissioner KC Mohseni emphasized the importance of lenders adhering to legal requirements to prevent risky loans that could harm consumers, noting that crypto-backed loans are not exempt from these regulations. Crypto-backed loans, which allow users to borrow fiat or stablecoins by using digital assets as collateral, are typically overcollateralized and more accessible than traditional credit options, often bypassing credit checks. However, missed repayments can lead to the forced sale of collateral to cover outstanding balances. The DFPI accused Nexo of lacking underwriting policies, which increased the risk of borrowers defaulting on their loans. The loans in question were issued between July 2018 and November 2022 and involved "unlawful acts and practices" related to consumer products or services that did not comply with consumer financial laws. Within 150 days, Nexo is required to transfer all California residents' funds to Nexo Financial LLC, a U.S.-based affiliate with a California Finance Lenders License from the DFPI. In February 2023, Nexo announced the termination of its yield-bearing Earn Interest product for U.S. customers, following an agreement to pay $45 million in penalties to U.S. regulators. This program allowed users to earn daily compounding yields on certain cryptocurrencies by loaning them to Nexo. The company's decision to end this product came roughly a month after settling with regulators, reflecting ongoing scrutiny and regulatory challenges faced by crypto lending platforms in the United States.