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Financial Services Law Insights and Observations

OCC releases guidance documents for final rule implementing HOLA amendments

Agency Rule-Making & Guidance OCC Home Owners' Loan Act Bank Compliance EGRRCPA

Agency Rule-Making & Guidance

On July 1, the OCC issued Bulletin 2019-31, which describes the process for federal savings associations to make an election to operate as “covered savings associations,” with the rights and privileges of national banks under the May 24 Home Owners’ Loan Act (HOLA) final rule. As previously covered by InfoBytes, the OCC issued a final rule—pursuant to section 206 of the Economic Growth, Regulatory Relief, and Consumer Protection Act, amending the Home Owners’ Loan Act (HOLA)—which establishes standards permitting federal savings associations with total consolidated assets of $20 billion or less as of December 31, 2017, to elect to operate as “covered savings associations,” with the rights and privileges of national banks. The final rule provides that associations who choose this election will retain their federal savings association charters and existing governance frameworks, and will generally be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that apply to national banks.

Bulletin 2019-31 reminds entities of the July 1 effective date of the final rule and provides details on the process for making an election pursuant to the rule. Additionally, along with the Bulletin, the OCC released a set of Frequently Asked Questions covering the final rule.

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