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October 2020 - Compliance Alert

Consumer Financial Protection Bureau (CFPB)

CFPB Issues Final Rule Extending GSE Patch    

The Consumer Financial Protection Bureau issued a final rule that extended the Government Sponsored Enterprise (GSE) Patch. The GSE Patch was scheduled to expire on January 10, 2021 but has been extended until the mandatory compliance date of a final rule that amends the QM loan definition in Regulation Z. The GSE Patch will still expire, however, if the GSEs (Fannie Mae and Freddie Mac) exit conservatorship as specified in Regulation Z, a provision which the Bureau will not amend. The hope is to provide a smooth transition away from the GSE Patch while still allowing access to fair mortgage credit when it expires.      

The Office of the Comptroller of the Currency (OCC) 

OCC and Other Agencies Issue Final Rule to Make Large Banks More Resilient    

The Office of the Comptroller of the Currency and the other federal bank regulatory agencies announced a final rule that would require large banks to maintain a set minimum level of stable funding for one year in order to strengthen the resilience of those banks. The net stable funding ratio (NSFR) final rule will require these large banks to maintain funding relative to each institution’s assets, derivatives, and commitments, reducing liquidity risk and increasing financial stability, which will support the ability of these banks to lend to households and business in both normal and difficult conditions.  

 

Securities and Exchange Commission

SEC Adopts Amendments to Auditor Independence Rules  

The Securities and Exchange Commission announced that it had finalized amendments to some auditor independence requirements on Rule 2-01 of Regulation S-X. The amendments are intended to reflect staff experience applying the auditor independence framework, modernizing the regulations and focus evaluations on specific relationships and services that may threaten an auditor’s impartiality to ensure investors are protected.        

 

Federal Deposit Insurance Corporation

FDIC Approves Interim Rule Providing Relief from Part 363 Audit and Reporting Requirements     

The Federal Deposit Insurance Corporation, in response to recent increased cash inflows resulting from PPP, MMLF, PPPLF and other government stimulus initiatives for some insured depository institutions (IDIs), issued a final interim rule that would temporarily provide relief for the IDIs which would be required to incur substantial costs outside of regulatory action. The rule allows IDIs with growth to determine their Part 363 requirements for the fiscal years ending in 2021 based on consolidated total assets as of December 31, 2019.   

 

National Credit Union Administration

NCUA Proposes Derivative Rule Changes and Approves Final Corporate Rule     

The National Credit Union Administration Board unanimously approved two items. The first was a proposed rule that modernizes the Administration’s derivatives rule, allowing for more flexibility for federal credit unions managing their interest rate risk through these financial tools. The second was a final rule updating and clarifying several provisions in their corporate credit union regulations.    

September 2020 - Compliance Alert

Consumer Financial Protection Bureau (CFPB)

CFPB Extends Comment Period for New Seasoned QM Category  

The Consumer Financial Protection Bureau has extended the comment period for a notice of proposed rule making (NPRM) that would create a new category seasoned qualified mortgages (Seasoned QMs). The original comment period ended on September 28, 2020, but to accommodate for the Jewish holiday of Yom Kippur, the period will now end on October 1, 2020.     

The Office of the Comptroller of the Currency (OCC) 

OCC Reports that Mortgage Performance Declined During Second Quarter of 2020   

The Office of the Comptroller of the Currency issued their OCC Mortgage Metrics Report, Second Quarter 2020.  The report on the performance of first-lien mortgages showed that 91.1 percent of mortgages included in the report were up to date and performing at the end of the second quarter of this year. Last year, that number was 96.1 percent. The percentage of mortgages that were past due for 60 or more days and mortgages held by bankrupt borrowers with payments overdue by 30 days or more increased from 5.3 percent in 2019 to 5.4 percent.  

 

Securities and Exchange Commission

SEC Votes to Modernize Its Shareholder Proposal Rule  

The Securities and Exchange Commission recently voted to amend its shareholder proposal rule. The rule governs the process by which shareholders include their proposals in a company’s proxy statement for consideration by all of the company’s shareholders. The new amendments would modernize the rule which has not been amended since 1998 and before that 1954.     

 

Federal Deposit Insurance Corporation

FDIC Releases Annual Summary of Deposits Survey Results   

The Federal Deposit Insurance Corporation released the results of their yearly branch-office deposits survey for all FDIC-insured institutions as of June 30, 2020. The Summary of Deposits (SOD) gives totals of deposits in each of the domestic offices operated by FDIC-insured commercial and savings banks, saving associations, and U.S. branches by foreign banks.  

 

National Credit Union Administration

NCUA Approves Final Rule Changing Real Estate Appraisal Regulations    

The National Credit Union Administration approved a final rule that postpones, for up to 120 days, the rule to obtain an appraisal or written estimate of the market value of a piece residential or commercial real estate following the closing of certain transactions regarding these types of properties. This final rule adopts the interim rule approved by the board in April without change.    

August 2020 - Compliance Alert

Consumer Financial Protection Bureau (CFPB)

CFPB Issues NPRM to Create New Qualified Mortgages Category  

The Consumer Financial Protection Bureau issued a Notice of Proposed Rule Making (NPRM) that would create a new category of seasoned qualified mortgages (Seasoned QMs). This new category would hopefully “encourage safe and responsible innovation in the mortgage origination market” according to CFPB Director, Kathleen L. Kraninger. The proposed rule would also ensure that a loan would not be disqualified from becoming a Seasoned QM if the consumer failed to make full payments but received a temporary payment accommodation due to a disaster or pandemic-related national emergency.   

The Office of the Comptroller of the Currency (OCC) 

OCC and Other Agencies Issue Clarifications of BSA Due Diligence Requirements for Politically Exposed Persons  

The Office of the Comptroller of the Currency and other regulatory agencies released a statement clarifying due diligence requirements under the Bank Secrecy Act (BSA) for customers who may be considered “politically exposed persons” (PEPs). The statement clarified that the due diligence given to these customers should be proportionate to the risk posed by the PEP relationship and that the customer due diligence does not create a regulatory requirement.  

 

Securities and Exchange Commission

SEC Proposes Amendments to CAT NMS Plan to Improve Data Security  

The Securities and Exchange Commission proposed amendments to the Consolidation Audit Trail national market system plan (the “CAT NMS Plan”) to enhance the data security of the Consolidation Audit Trail (CAT). The plan currently establishes a number of security and confidentiality requirements for CAT data, but the proposed amendments would further the actions taken by the SEC to limit the scope of sensitive information collected by CAT and improve security.    

 

National Credit Union Administration

Federal Financial Institutions Examination Council Issues Statement On COVID-19 Loan Accommodations  

The Federal Financial Institutions Examination Council issued a statement establishing new principles for risk management and consumer protection that institutions should consider while they work with borrowers now that COVID-related loan accommodation periods are ending and additional accommodations are considered. The agencies in the Federal Financial Institutions Examination Council encourage institution to continue to consider prudent additional accommodations for those still affected by the pandemic.  

 

Federal Reserve Board

FRB Highlights Enhanced Understanding of Central Bank Digital Currencies   

The Federal Reserve highlighted research and experimentation completed to better understand the opportunities and risks related to central bank digital currencies. The FRB looked at opportunities to use digital currency as a “complement to cash” and looked at the possible risks and rewards and experimented with the latest payment technologies.   

July 2020 - Compliance Alert

Consumer Financial Protection Bureau (CFPB)

CFPB Develops New Saving Tool to Boost the Financial Resilience of Workers 

The Consumer Financial Protection Bureau announced that under its Compliance Assistance Sandbox (CAS) Policy, it had issued a Compliance Assistance Statement of Terms Template (CAST Template) that would allow employers to create automatic savings accounts for their employees. The Template would serve as the basis for an application to be approved by the Bureau to create the program. The goal of the CFPB is to empower employers to help employees bolster their savings to become more financial resilient.  

The Office of the Comptroller of the Currency (OCC) 

OCC Proposes New True Lender Rule  

The Office of the Comptroller of the Currency proposed a new rule that would resolve some uncertainty when a national or federal financial institution makes a loan when in partnership with third parties, stating clearly the bank was the “true lender” if the bank is named as lender in the loan agreement or funds the loan as of the date of origination. The new rule is designed to encourage the relationships between banks and third parties and the innovation and affordable credit that have been the results of these relationships.  

 

Securities and Exchange Commission

SEC Issues New Guidance on Investment Advisers’ Responsibilities Regarding Proxy Voting  

The Securities and Exchange Commission voted to amend rules that govern proxy solicitations. The amended rules are intended to make sure the clients of proxy voting advice businesses can access clear and timely information to make voting decisions. The goal is to allow those who use proxy voting advice, such as investors, to make well informed decisions when voting without unnecessary costs or delays that could slow proxy voting advice.  

 

Federal Deposit Insurance Corporation 

FDIC and FRB Provide Information for Next Resolution Plans to Largest Domestic Banking Firms 

The Federal Deposit Insurance Corporation and the Federal Reserve Board provided information that will guide the next resolution plans of the eight largest domestic banking organizations, due July 1, 2021. The resolutions plans, also known as living wills, describe the institution’s strategy for fast and organized bankruptcy in case of financial issues or a total failure of the bank. The plans will be the first “targeted” resolution plans, which were introduced in updates to the resolution plan rule finalized last year.  

National Credit Union Administration

NCUA Announces that All COVID-19 Urgent Need Grants are Utilized  

The Federal Reserve recently published the FraudClassifier Model. The model is used to better classify and understand fraudulent activity – as well as the ways it occurs and how often it occurs across the financial industry. The model was developed by FRB fraud experts of the Fraud Definitions Work Group.

June 2020 - Compliance Alert

Consumer Financial Protection Bureau (CFPB)

CFPB Issues Two NPRMs Regarding Expiration of GSE Patch

The Consumer Financial Protection Bureau issued two Notices of Proposed Rulemaking (NRPMs) that aim to ensure a smooth transition as the Government-Sponsored Enterprises Patch (GSE) expires as scheduled in January 2021 and the temporary qualified mortgage (QM) loan definitions of the GSE expire with it. The first NRPM proposes a change to the General QM definition in Regulation Z, replacing the DTI limit with an approach based on price. The second NRPM proposes amending Regulation Z to extend the expiration of the GSE to accommodate a final rule regarding the amendments made in the first NRPM.

The Office of the Comptroller of the Currency (OCC) 

The OCC Approves Interim Final Rule Reducing Assessments Due to COVID-19

The Office of the Comptroller of the Currency approved an interim final rule (IFR) that reduces the number of OCC assessments owed to the OCC on September 30, 2020. This IFR is aimed at providing relief to institutions affected by the national emergency declared to halt the spread of COVID-19. This one-time change will allow banks assessments due on September 30, 2020 to be calculated using the December 31, 2019 call report for each institution rather than the June 30, 2020 call report, reducing the number of assessments due.

 

Securities and Exchange Commission

SEC Announces Extension for In-Person Voting Relief

The Securities and Exchange Commission announced that it would extend the conditional relief originally established in March 2020 regarding in-person voting requirements for fund boards to at least December 31, 2020. The extension is designed to ease pressures with in-person meeting that may continue due to COVID-19. The SEC will continue to monitor the effects of COVID-19 on investors and market participants.

 

Federal Deposit Insurance Corporation 

FDIC and Other Agencies Release State Loan-to-Deposit Ratios

The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Office of the Comptroller of the Currency issued the host state loan-to-deposit ratios, replacing the rations from last year, released on May 28, 2019. These ratios are used in determining compliance with section 109 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, which requires a loan-to-deposit ratio test that compares the statewide ratio of the bank to the host state ratio for banks in a certain state.

Federal Resevce Board

FRB Releases FraudClassifier Model

The Federal Reserve recently published the FraudClassifier Model. The model is used to better classify and understand fraudulent activity – as well as the ways it occurs and how often it occurs across the financial industry. The model was developed by FRB fraud experts of the Fraud Definitions Work Group.

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