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  • Banking agencies issue final rule on private flood insurance

    Federal Issues

    On February 12, the Federal Reserve Board, Farm Credit Administration, FDIC, National Credit Union Administration, and the OCC issued a joint final rule amending regulations governing loans secured by properties in special flood hazard areas to implement the provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 concerning private flood insurance. As previously covered by InfoBytes, the provisions, among other things, require regulated lending institutions to accept policies that meet the statutory definition of “private flood insurance,” and clarify that lending institutions may choose to accept private policies that do not meet the statutory criteria for “private flood insurance,” provided the policies meet certain criteria and the lending institutions document that the policies offer “sufficient protection for a designated loan, consistent with general safety and soundness principles.” The final rule takes effect July 1.

    (See also FDIC FIL-8-2019, NCUA press release, and OCC press release.)

    Federal Issues Federal Reserve OCC FDIC NCUA Farm Credit Administration Flood Insurance National Flood Insurance Act Flood Disaster Protection Act National Flood Insurance Program

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  • OCC praises CFPB’s payday rule proposal

    Federal Issues

    On February 11, the OCC released a statement from Comptroller of the Currency Joseph Otting supporting the CFPB’s proposed rule rescinding certain requirements relating to underwriting standards for short-term small-dollar loans. (Covered by InfoBytes here.) Calling the proposal “important and courageous,” Otting praised the Bureau, noting that it was “[t]he shrinking supply and steady demand” that “drove up prices and promoted much less favorable terms.” He continued to state that a framework of rules that allows responsible lenders to compete in the market will make the market “work better for everyone.”

    As previously covered by InfoBytes, in May 2018, the OCC released a Bulletin encouraging banks to meet the credit needs of consumers by offering short-term, small-dollar installment loans subject to the OCC’s core lending principles.

    Federal Issues Consumer Finance CFPB OCC Installment Loans Payday Rule Underwriting

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  • Federal Reserve releases CCAR scenarios; “less-complex” firms exempt from 2019 stress tests

    Agency Rule-Making & Guidance

    On February 5, the Federal Reserve Board (Fed) released the scenarios banks and supervisors will use to conduct the 2019 Comprehensive Capital Analysis and Review (CCAR) and Dodd-Frank Act stress tests exercises for large bank holding companies and large U.S. operations of foreign firms. Each of the three scenarios—baseline, adverse, and severely adverse—include 28 variables that cover domestic and international economic activity. The Fed noted that “less-complex” firms with total consolidated assets between $100 billion and $250 billion have been moved to an extended stress test cycle for the 2019 cycle. (See related InfoBytes coverage here.) Capital plan and stress testing submissions are due by April 5.

    In addition, the Fed finalized enhanced disclosures of the stress testing models used in annual CCARs beginning in 2019, which will be updated each year. The Fed also amended its policy regarding the economic scenario design framework for stress testing, and adopted a policy statement on prior disclosures, which outlines the Fed’s approach to model development, implementation, and validation. The changes are designed to increase the transparency of the stress testing exercises and provide significantly more information for firms.

    In related news, also on February 5, the OCC released its own stress testing scenarios for OCC-supervised institutions.

    Agency Rule-Making & Guidance Federal Reserve CCAR Stress Test OCC EGRRCPA Of Interest to Non-US Persons

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  • Federal Reserve Governor discusses CRA modernization feedback

    Federal Issues

    On February 1, Federal Reserve Governor Lael Brainard spoke at the “Research Symposium on the Community Reinvestment Act” hosted by the Federal Reserve Bank of Philadelphia to discuss the need to update Community Reinvestment Act (CRA) regulations. Brainard summarized comment letters received in response to the OCC’s Advance Notice of Proposed Rulemaking (ANPR) published last August (previously covered by InfoBytes) seeking input on ways to transform or modernize the CRA regulatory framework, and discussed the following six key takeaways:

    • There is broad support for the CRA among commenters—including academics, financial institutions, banking trade associations, community organizations, consumer groups, and citizens—who, among other things, applaud the volume of CRA loans and investments that support low-and-moderate income households and communities.
    • There is general agreement among commenters for the need to modernize—but not completely overhaul—CRA assessment areas, while retaining its core focus.
    • Commenters support different performance tests for different types of banks. According to Brainard, there is broad agreement that “CRA regulations cannot be one-size-fits-all” and should be tailored to banks of different sizes, as well as different business models.
    • CRA modernization should keep the focus on underserved areas. Commenters discussed concerns about “CRA hotspots and credit deserts,” and the need for incentives to ensure CRA capital can reach underserved communities has been a common theme at regional roundtables.
    • Commenters offered recommendations on how to increase the “consistency and predictability of CRA evaluations and ratings.”
    • Roundtable discussions as well as commenters have emphasized the “historical context of the CRA as it relates to redlining practices,” and demonstrated strong support for the CRA to retain its underlying focus of reaching all underserved borrowers, including low-income communities and communities of color.

    Federal Issues Federal Reserve CRA OCC Redlining Fair Lending

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  • OCC revises the Comptroller’s Licensing Manual

    Agency Rule-Making & Guidance

    On January 31, the OCC announced an updated version of its “Subsidiaries and Equity Investments” booklet of the Comptroller’s Licensing Manual. According to Bulletin 2019-4, the revised booklet now provides additional guidance describing activities that the OCC has determined may be performed in operating subsidiaries and servicer corporations, or through pass-through investments.

    Agency Rule-Making & Guidance OCC Comptroller's Licensing Manual Bank Compliance

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  • OCC allows institutions affected by severe winter weather to close

    Federal Issues

    On January 30, the OCC issued a proclamation permitting OCC-regulated institutions, at their discretion, to close offices affected by severe winter weather in the Midwest and Northeast regions of the United States “for as long as deemed necessary for bank operation or public safety.” In issuing the proclamation, the OCC noted that it expects that only those bank offices directly affected by potentially unsafe conditions will close and that institutions should make every effort to reopen as quickly as possible to address the banking needs of their customers. The proclamation directs institutions to OCC Bulletin 2012-28 for further guidance on natural disasters and other emergency conditions.

    Federal Issues Disaster Relief OCC

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  • Final rule subject to approval will require federally regulated lending institutions to accept private flood insurance

    Federal Issues

    Recently, the FDIC and OCC approved a joint final rule governing the acceptance of private flood insurance policies. (The final rule must also be approved by—and is still under review with—the other agencies jointly issuing the rule: the Federal Reserve Board, Farm Credit Administration, and National Credit Union Association.) The final rule amends regulations governing loans secured by properties in special flood hazard areas to implement the provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert Waters) concerning private flood insurance (see previous InfoBytes coverage of the proposed rule here). The National Flood Insurance Act and the Flood Disaster Protection Act require flood insurance on improved property that secures a loan made, increased, extended, or renewed by a federally regulated lending institution (lending institution) if the property is in a special flood hazard area for which flood insurance is available under the National Flood Insurance Program (NFIP). Biggert Waters required the Agencies to adopt regulations directing lending institutions to accept insurance that meets the definition of “private flood insurance” in lieu of NFIP flood insurance.

    The final rule, once approved by all five regulators, will institute the following provisions to take effect July 1:

    • Lending institutions must accept private flood insurance policies meeting the definition of “private flood insurance.”
    • Lending institutions may rely on a “streamlined compliance aid provision” to determine, without further review, that a policy meet the definition of “private flood insurance” if the policy (or an endorsement to the policy) contains the following language: “This policy meets the definition of private flood insurance contained in 42 U.S.C. 4012a(b)(7) and the corresponding regulation.”
    • Lending institutions may choose to accept private policies that do not meet the statutory criteria for “private flood insurance” as long as the policies meet certain criteria and the lending institutions document that the policies offer “sufficient protection for a designated loan, consistent with general safety and soundness principles.”
    • Lending institutions may exercise discretion when accepting non-traditional flood coverage issued by “mutual aid societies,” subject to certain conditions including that the lending institutions’ primary federal supervisory agency has determined that the plans qualify as flood insurance. However, the final rule does not require lending institutions to accept coverage issued by mutual aid societies.

    Federal Issues Federal Reserve OCC FDIC NCUA Farm Credit Administration Flood Insurance National Flood Insurance Act Flood Disaster Protection Act National Flood Insurance Program

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  • OCC announces adoption of 18-month examination cycle final rule

    Agency Rule-Making & Guidance

    On January 17, the OCC announced, together with the Federal Reserve Board and the FDIC, the final rule amending regulations governing eligibility for the 18-month on-site examination cycle, pursuant to the Economic Growth, Regulatory Relief, and Consumer Protection Act. The final rule was published without change from the interim rule issued in August 2018 (covered by InfoBytes here). The final rule allows for qualifying insured depository institutions with less than $3 billion in total assets (which is an increase from the previous threshold of $1 billion) to be eligible for an 18-month on-site examination cycle. The agencies reserve the right to adopt a more frequent schedule than 18 months for qualifying institutions if deemed “necessary or appropriate.” The final rule is effective January 28.

    Agency Rule-Making & Guidance Federal Reserve FDIC OCC EGRRCPA Examination

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  • OCC releases recent enforcement actions

    Federal Issues

    On January 18, the OCC released a list of recent enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with such entities. The new enforcement actions include civil money penalties, a formal agreement, and removal/prohibition orders.

    Formal Agreement. On December 31, the OCC entered into an agreement with a San Francisco bank to address alleged unsafe or unsound practices related to the bank’s enterprise governance, concentrations of credit, and credit risk management. Among other conditions, the agreement requires the bank to (i) establish a three-year strategic plan outlining goals and objectives related to the bank’s risk profile and liability structure, among other concerns; (ii) receive a “written determination of no supervisory objection” prior to increasing concentrations in unguaranteed portions of Small Business Administration (SBA) loans, and establish a concentration risk management program; (iii) engage an independent consultant to conduct quarterly asset quality reviews of the bank’s loan portfolio to, among other things, identify and stratify risk; (iv) establish and maintain a credit risk rating system; (v) revise its loan policies and procedures, including changes to its SBA lending program; (vi) submit revised policies and procedures concerning the maintenance and documentation of appropriate allowances for loan and lease losses; and (vii) prepare an employee compensation plan, which establishes criteria used when determining compensation levels, including those involving the bank’s SBA managers, business development officers, underwriters, and loan officers.

    Federal Issues OCC Enforcement Credit Risk

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  • Regulators encourage financial institutions to work with borrowers impacted by government shutdown; FHA also issues shutdown guidance

    Federal Issues

    On January 11, the Federal Reserve Board, CSBS, CFPB, FDIC, NCUA, and OCC (together, the “Agencies”) released a joint statement (see also FDIC FIL-1-2019) to encourage financial institutions to work with consumers impacted by the federal government shutdown. According to the Agencies, borrowers may face temporary hardships when making payments on mortgages, student loans, auto loans, business loans, or credit cards. FDIC FIL-1-2019 states that prudent workout arrangements, such as extending new credit, waiving fees, easing limits on credit cards, allowing deferred or skipped payments, modifying existing loan terms, and delaying delinquency notice submissions to credit bureaus, will not be subject to examiner criticism provided the efforts are “consistent with safe-and-sound lending practices.”

    Separately, on January 8, Federal Housing Administration (FHA) Commissioner Brian Montgomery issued a letter regarding the shutdown reminding FHA-approved lenders and mortgagees of their ongoing obligation to offer special forbearance to borrowers experiencing loss of income and to evaluate borrowers for available loss mitigation options to prevent foreclosures. In addition, FHA also encourages mortgagees and lenders to waive late fees and suspend credit reporting on affected borrowers.

    Federal Issues Federal Reserve OCC FDIC CSBS NCUA FHA Consumer Lending Mortgages Credit Report Shutdown Relief

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