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Utah Department of Financial Institutions issues guidance to credit unions
On March 16, the Utah Department of Financial Institutions issued a statement encouraging credit unions to take steps to meet the financial services needs of members and communities affected by Covid-19. Credit unions are encouraged to, among other things, waive certain fees (e.g., ATM, overdraft, late payment fees), increase ATM daily cash withdrawal limits, ease restrictions on cashing out-of-state and non-member checks, increase credit card limits for credit worthy borrowers, and offer payment accommodations. Prudent efforts to modify the terms on existing loans for affected members will not be subject to examiner criticism and, generally, the department supports and will not criticize efforts to accommodate members in a safe and sound manner. The guidance also addresses: (i) financial condition review, supervisory response, and regulatory relief; (ii) regulatory reporting requirements; and (iii) alternative service options.
Michigan Office of Credit Unions issues letter to CEOs and board leaders
On March 13, the Michigan Office of Credit Unions Director Denice Schultheiss issued a letter to credit union CEOs and chairpersons providing guidance for annual meetings and closure notifications during the Covid-19 crisis. The guidance allows credit unions to cancel or postpone annual meetings without being penalized, and encourages remote meetings via video conferencing, if possible. Credit unions were also instructed to inform the office in the event of location closures, providing as much detail on the closure as possible and how the closure could impact services to members. In addition to addressing annual meetings and closures, the letter encouraged credit unions to be vigilant of heightened cyber risk during the crisis.
Alabama releases Covid-19 guidance for credit unions
On March 13, the Alabama Credit Union Administration issued guidance for credit unions on pandemic planning. The guidance encourages credit unions to review their business continuity plans and to notify the agency of issues arising from Covid-19, including staffing issues, difficulties obtaining cash, and temporary branch or office closures. The agency also agrees to consider requests from credit unions to postpone their annual meetings and to conduct regulatory, supervision and examination work offsite as much as possible.
New Hampshire regulator provides guidance on branch closures, annual meetings, and examinations
On March 13, the New Hampshire Banking Department (NHBD) issued a memorandum to state-chartered banks, credit unions, and trust companies encouraging them to work constructively with customers experiencing difficulty due to Covid-19 and offering guidance on branch closures, annual meetings, examinations, and liquidity. Banks and credit unions do not need prior authorization to use only the drive-through portion of a branch or adjust normal business hours but must submit applications to the NHBD for branch closures in excess of 48 hours. If necessary, credit unions may conduct annual meetings via video or teleconference and both banks and credit unions may request adjustments to examination schedules or additional time to respond to consumer complaints. Finally, institutions are asked to closely monitor liquidity levels in the event of higher than normal consumer cash withdrawals and ensure sources of liquidity are readily available.
Texas regulator: credit unions are free to react to Covid-19 pandemic
On March 13, the Texas Credit Union Department clarified its supervisory stance regarding how credit unions react to swiftly changing conditions resulting from Covid-19. The regulator indicated that while credit unions and their management teams should consult with appropriate legal and medical professionals when making Covid-19 related decisions, they are free to react as the Covid-19 scenario plays out so long as their decisions are reasonable and documented.
Wisconsin endorses FFIEC guidance for credit unions
On March 13, the Wisconsin Department of Financial Institution sent a letter to credit unions to support and reinforce the guidelines issued by the Federal Financial Institutions Examination Council on March 6, which recommended steps for credit unions to proactively prevent disruptions of operation and minimize contact with customers. The letter also encouraged credit unions to consider postponing annual meetings or conducting such meetings remotely.
Regulatory agencies issue pandemic planning statement
On March 6, the Federal Reserve, FDIC, OCC, NCUA, Conference of State Bank Supervisors, and the CFPB—through the Federal Financial Institutions Examination Council—issued an Interagency Statement on Pandemic Planning, which, among other things, updates 2006 and 2007 guidance on the need for business continuity plans (BCPs) that address the effects of pandemics. The interagency statement encourages banks to develop plans that, among other things, limit disruption of operations, minimize staff contact by utilizing remote access, and plan for staffing challenges by cross-training bank staff. The statement recommends that the BCPs of financial institutions should include: (i) a preventive program; (ii) a documented strategy that applies to the stages of the pandemic; (iii) a “comprehensive framework of facilities, systems, or procedures to ensure that the institution’s critical operations will continue” (iv) a testing program; and (v) an oversight program to ensure ongoing review and updates to the plan.” The statement also lists websites that offer information on pandemic planning activities. The FDIC and the OCC also published advisories, FIL-14-2020, and OCC 2020-13, respectively.
On March 9, the agencies issued a joint press release encouraging the financial institutions to “meet the financial needs of customers and members affected by” COVID-19. Also, the U.S. Senate sent a letter to trade associations encouraging them to provide job security for employees who self-quarantine or must miss work to take care of sick family members, and to ensure staff will not be required to use all sick leave/vacation leave or “report for work when such leave is exhausted.” The letter urges the entities to work with their customers by waiving late fees and overdraft fees among other measures. The Connecticut Department of Banking issued its own guidance as well regarding temporary remote work, and on March 5, the Washington Department of Financial Institutions issued similar guidance.
Minnesota Commerce Department instructs banks on temporary closures
On March 12, the Minnesota Commerce Department issued guidance on emergency closures for banks, and a similar guidance for credit unions. In an emergency (including for Covid-19 or other pandemic, related conditions), officers have the authority to decide not to open or to close an already open office, but prior approval is needed for closures lasting more than 48 hours, excluding legal holidays. The Department should be notified of closures as soon as practical. On March 17, the Department issued a clarification that a bank is not considered closed if it elects to close the lobby but maintains drive-through service or if the lobby is open (i.e., not by appointment-only basis) but not immediately accessible due to locked doors.
Kansas Department of Credit Unions issues guidance on pandemic planning
On March 11, the Kansas Department of Credit Unions issued guidance to Kansas-chartered credit unions on pandemic planning. The guidance outlines areas and objectives that should be met by a credit union’s business continuity plan. Among other things, the guidance encourages credit unions to have a comprehensive framework of facilities, systems, or procedures to provide the organization with the capability to continue its critical operations in the event that staff members may be unavailable for prolonged periods.
Michigan Office of Credit Unions issues a call for credit unions to review emergency procedures and continuity plans
On March 10, the Michigan Office of Credit Unions Director Denice Schultheiss issued a letter to credit unions calling on them to review their Disaster Recovery and Continuity of Operations Plans and Procedures in light of the Covid-19 crisis. Key operational aspects to be reviewed include: (i) supply staff operations; (ii) personnel policies; (iii) remote work capabilities; (iv) contingency plans for critical operations, systems, communications, and potential branch closures; (v) identification of third-party services that could be impaired; (vi) cash liquidity; and (vii) internal communication of preparedness policies and procedures. The letter also provided resources for credit unions as they review and assess current procedures.