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Fed agencies discuss CRA considerations in response to Covid-19
On March 19, the FDIC, Federal Reserve Board, and the OCC issued a joint statement encouraging financial institutions to work with low and moderate-income customers and communities who may be adversely affected by Covid-19. The agencies state that they will provide favorable CRA consideration for financial institution’s retail banking services and retail lending activities in their assessment areas that respond to the needs of affected low and moderate-income individuals, small businesses, and small farms consistent with safe and sound banking practices. These activities may include: (i) waiving certain fees; (ii) easing check-cashing restrictions; (iii) expanding the availability of short-term, unsecured credit and increasing credit card limits for creditworthy borrowers; (iv) providing alternative service options; and (v) offering payment accommodations, such as permitting deferred or skipped payments or extending payment due dates to avoid delinquencies and negative credit bureau reporting. Financial institutions that engage in qualifying community development (CD) activities will also receive favorable CRA consideration, including but not limited to loans, investments, or services that support digital access for low and moderate-income individuals or communities, as well as economic development activities that sustain small business operations. In addition, favorable consideration will also be given to CD activities that help to stabilize communities affected by Covid-19 located in a broader statewide or regional area that encompasses a financial institution’s CRA assessment area, “provided that such institutions are responsive to the CD needs and opportunities that exist in their own assessment area(s).” The joint statement is effective until six months after the national emergency declaration is lifted, unless extended by the agencies.
Fed agencies issue capital and liquidity buffers FAQs
On March 19, the FDIC, the Fed, and the OCC released FAQs regarding the use of capital and liquidity buffers. (See OCC Bulletin 2020-17, “Pandemic Planning: Joint Questions and Answers Regarding Statement About the Use of Capital and Liquidity Buffers.”) The joint questions and answers follow a joint statement issued by the agencies on March 17 to encourage banks to utilize capital and liquidity buffers in order to continue lending activities. The FAQs were created in response to questions provided by banking organizations. Topics covered in the FAQs include (i) liquidity buffers; (ii) capital buffers; (iii) triggers for recovery and resolution plans; and (iv) “total loss-absorbing capacity rule.” See the FDIC announcement here and FIL-20-2020 here.
Virginia State Corporation Commission certifies financial services workers as critical infrastructure workers
On March 24, the Virginia State Corporation Commission certified certain financial services workers as critical infrastructure workers. This includes those who (i) process, and maintain for processing, financial transactions and services, such as payment, clearing and settlement services, wholesale funding, insuarance servcies, and capital markets activities; (ii) provide consumer access to banking and lending services; (iii) support financial operations; and (iv) key third-party providers who deliver core services.
New York mandates non-essential businesses to reduce in-office workforce
On March 19, the New York Governor signed Executive Order 202.7, mandating that all non-essential businesses that require in-office personnel to decrease their in-office workforce by 75 percent, and directing implementation of work-from-home policies. Banks are considered essential services, and are not subject to the Executive Order. The Executive Order also authorized notary services to be performed utilizing audio-visual technology, provided compliance with certain conditions for authentication and process can be met.
FDIC posts Covid-19 FAQs for bankers and bank customers
On March 19, the FDIC issued FIL-18-2020, which highlights frequently asked questions for bank customers and banks affected by Covid-19. The FAQs, are available on the FDIC’s Covid-19 webpage. Bank customer FAQs cover questions regarding (i) deposit insurance; (ii) customer access to money; (iii) tips for avoiding scams; and (iv) identity theft, among other things. The FAQs for financial institutions cover topics including working with borrowers affected by Covid-19 through payment accommodations, reporting delinquent loans, and operational issues affecting institutions.
Fed agencies issue regulatory capital interim rule
On March 19, the OCC, the Fed, and the FDIC announced the release of an interim final rule for the Money Market Mutual Fund Liquidity Facility (MMLF) which revises capital rules for activities with the MMLF. The agencies issued the rule to enable financial institutions to “effectively use” the MMLF following its launch by the Fed on March 18. Pursuant to the Federal Reserve Act, the Fed granted authority to establish the MMLF to the Federal Reserve Bank of Boston, allowing it to provide “non-recourse loans to eligible institutions” secured by assets those institutions buy from money market mutual funds. The rule will allow financial institutions to participate because activities with the MMLF will “neutralize the regulatory capital effects of participating in the program” on the institution. The rule is effective immediately and there will be a 45-day comment period.
Fed announces temporary swap lines with nine countries
On March 19, the Federal Reserve announced the establishment of temporary U.S. dollar liquidity arrangements (swap lines) with the Reserve Bank of Australia, the Banco Central do Brasil, the Danmarks Nationalbank (Denmark), the Bank of Korea, the Banco de Mexico, the Norges Bank (Norway), the Reserve Bank of New Zealand, the Monetary Authority of Singapore, and the Sveriges Riksbank (Sweden). These facilities are designed to “help lessen strains in global U.S. dollar funding markets, thereby mitigating the effects of these strains on the supply of credit to households and businesses, both domestically and abroad.”
Mississippi governor orders restrictions on social gathering and non-essential business
On March 24, Mississippi Governor Tate Reeves ordered certain restrictions on social gatherings and restrictions on certain non-essential businesses. Any “Essential Business or Operation” may perform services or functions without regard to the limitations. Financial services, including banks, insurance, payroll, accounting, and processing services related to financial markets, and real estate services, including appraisal and title services, are deemed Essential Business.
Arizona governor postpones eviction actions
On March 24, the governor of Arizona issued an executive order instructing law enforcement officers to delay for 120 days any enforcement of eviction orders for residential premises occupied by certain individuals impacted by Covid-19. The order applies when the individual is required to be quarantined due to her own or someone in her home’s Covid-19 diagnosis, ordered by a medical professional to self-quarantine, and demonstrates that they are at high risk for Covid-19 due to a health condition, or has suffered a substantial loss of income due to Covid-19.
New Mexico banking regulator offers guidance on conducting business during Covid-19 crisis
On March 24, the New Mexico Regulation and Licensing Department, Financial Institutions Division (FID) issued guidance encouraging financial institutions licensed in New Mexico to work with customers experiencing hardship due to Covid-19, while maintaining the overall safety of the financial institution.