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New Mexico banking regulator confirms financial institutions are essential business
On March 24, the New Mexico Regulation and Licensing Department, Financial Institutions Division (FID) issued guidance confirming that, for purposes of the public health order closing all non-essential business in New Mexico, all depository and non-depository financial institutions licensed and regulated by the FID are considered “essential business” and are not subject to the order. The guidance also encourages institutions to work with customers in a manner that maintains the overall safety of the financial institution.
Wyoming secretary of state announces temporary remote notarization
On March 24, Wyoming’s secretary of state issued guidance on temporary remote notarization as a result of Covid-19. The guidance encourages Wyoming-based notaries that intend to perform remote online notarial acts to undergo training from remote notarization providers approved by contiguous states, and use that provider’s technology standards and security features. Approved contiguous providers include: CSC Global, Figure Technologies, Nexsys, NotaryCam, SafeDocs, Simplifile (for IPEN only), DocVerify, Jetexas Information Technovation, Notarize, Pavaso, SIGNiX, and World Wide Notary.
Massachusetts Securities Division relaxes notarization and signature requirements for certain filings
On March 24, the Massachusetts Securities Division issued an Emergency Notice giving temporary relief from certain filing requirements for corporate finance filings and financial professional registrations during the Covid-19 outbreaks. The Division will not require manual signatures or notarizations for securities registration applications, exemption filings, securities notice filings, and consent to service of process forms and will accept e-signatures and copies of signed documents where required. The Division will also permit electronic submission of Forms U4 without physical signatures from individual agents or investment advisor representatives, provided that certain requirements are met, and will accept alternatives to a notarized Criminal Offender Record Information acknowledgment form. Finally, the Division will allow investment advisers up to 45 additional days to perform any Form ADV filing, updating, or customer delivery requirements. This guidance will remain in effect until April 30, unless extended or rescinded.
Iowa Superintendent of Banking provides update on Covid-19 response
On March 24, Iowa’s Superintendent of Banking sent an update letter to bank presidents and CEOs concerning the state’s Covid-19 response efforts. The update highlighted, among other things, the following: (i) loan and grants available to small businesses through state and federal programs; (ii) the governor’s suspension of foreclosures and evictions in the state; (iii) the Division of Banking’s temporary suspension of requirement for in-person annual meetings; (iv) the governor’s outreach to county auditors, recorders and treasurers asking them to facilitate full range of vital mortgage-related services; (v) ongoing efforts to refine the offsite exam process; and (vi) guidance at the federal level from the Treasury Department and the March 22 Interagency Statement regarding loan modifications and troubled debt restructurings (covered by InfoBytes here).
Montana Department of Administration provides relief to escrow businesses, mortgage servicers, and mortgage license applicants
On March 24, the Montana Department of Administration adopted a temporary emergency rule providing relief to Montana escrow businesses, mortgage servicers, and applicants for mortgage licenses. The rule provides persons licensed under the Montana Regulation of Escrow Businesses Act with an extension of 30 days (to May 30, 2020) to file the Montana Escrow Business Annual Financial Statement and Escrow Activities Report. The rule also extends the time period in which mortgage servicers must submit quarterly reports for the quarter ending March 31, 2020, to June 14, 2020. The time period prescribed for mortgage license applications is temporarily extended by 60 days to allow applicants for an initial license a total of 120 days following the department’s notice of deficiency to provide the documents or information before the application will be deemed abandoned.
CFPB announces consumer financial resources for Covid-19 pandemic
On March 24, the CFPB announced the resources available on the Bureau’s website to assist consumers in protecting their personal finances during the Covid-19 pandemic. According to Director Kathy Kraninger, the Bureau “want[s] consumers to know the various steps they can take to help themselves or a loved one, both in the short and long term. Our resources address situations ranging from consumers having difficulty paying their bills or meeting other financial obligations to consumers experiencing a loss of income to avoiding scams.” Resources also include links detailing how consumers who experience problems with financial products or services can file effective complaints, what steps consumers can take to protect older adults, and how consumers can protect their credit during the pandemic. The Bureau will continue to update the website regularly with additional Covid-19 related content.
Fed recalibrates supervisory activities during Covid-19 pandemic
On March 24, the Federal Reserve (Fed) released a statement regarding adjustments to supervisory activities that the agency is making as a result of Covid-19. Among the changes, the Fed plans to (i) “temporarily reduce its examination activities,” including ceasing regular exam activities for banks with less than $100 billion in assets, unless the exam is critical to safety and soundness or consumer protection, or to address urgent or immediate needs; (ii) conduct all examination activities off-site; (iii) “focus on monitoring and outreach”; (iv) provide an additional 90 days to financial institutions “for resolving non-critical existing supervisory findings”; and (v) “work with financial institutions to understand the specific issues they are facing.” Those institutions subject to the upcoming Comprehensive Capital Analysis and Review must submit their capital plans by April 6.
Indiana Department of Financial Institutions issues statement on essential businesses
On March 23, Indiana Department of Financial Institutions (DFI) issued a statement reiterating that Indiana’s Executive Order 20-08 deems the following financial institutions as essential businesses that are encouraged to stay open and adhere to social distancing guidelines: banks, currency exchanges, consumer lenders, including, but not limited to, credit unions, pawnbrokers, consumer installment lenders and sales finance lenders, title companies, appraisers, financial markets, trading and futures exchanges, payday lenders, affiliates of financial institutions, entities that issue bonds, related financial institutions, and institutions selling financial products.
Georgia governor issues shelter in place executive order for specific populations
On March 23, Georgia’s governor issued an Executive Order ordering specific populations to shelter in place and limiting the number of persons gathered in a single location. The order does not address financial institutions or otherwise identify categories of essential business, and expires on April 6.
Kansas Department of Credit Unions releases list of Covid-19 resources
On March 23, the Kansas Department of Credit Unions issued a statement to Kansas chartered credit unions including a list of Covid-19 resources that may be helpful. The list includes resources from both the federal government and the state of Kansas.