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Rhode Island amends and adds provisions to financial institutions code
On June 25, the Governor of Rhode Island signed into law H 7282 (the “Act”) amending certain provisions of the state’s Title 19 on Financial Institutions and adding new consumer protections. Among other things, the amendments to the Act (i) updated the term “Federal Office of Thrift Supervision” to “Federal Reserve System,” (ii) clarified that the term “Tangible net worth” meant “the aggregate assets of a licensee excluding all intangible assets, less liabilities” in accordance with GAAP, and (iii) increased the minimum capital requirements for currency transmission licensees. The Act further restricted student loan servicers from withholding student transcripts from delinquent borrowers, removed a provision allowing deposit of securities in lieu of bonds, and added provisions on permissible investments for licensees, including cash, certificates of deposit, obligations of the United States, letters of credit with stipulations, or surety bonds.
Rhode Island enacts provisions for real estate appraisal
On June 20, the Rhode Island state governor signed SB 850 (the “Act”), which amends the Real Estate Appraiser Certification Act and the Real Estate Appraisal Management Company (AMC) Registration Act for consistency with federal laws and recommendations from the appraisal subcommittee. Among other things, the Act includes new terminology, including “covered transaction” and “state-licensed real estate appraiser.” This Act sets forth numerous additional provisions, one of which requires that appraisals must be performed by licensed or certified appraisers unless they are specifically exempt under federal law. Also amended are state-certified appraisers and state-licensed appraisers’ classifications. Specifically, the text defining residential property appraisal is replaced with a general statement that requirements for certification and licensing of appraisers will be “as required by the appraiser qualifications board of the appraisal foundation.” Another addition addresses the continuing education requirement for state-licensed and state-certified real estate appraisers, which now stipulates that up to one-half of an individual’s continuing education requirement may be completed by participation in certain educational activities approved by the board. Concerning registration, the Act contains a new subsection, detailing that AMCs cannot be registered in the state if any owner (an individual who owns more than 10 percent) of the AMC fails to submit to a background check or any owner is determined by the director to not have good moral character. Among other amendments, the Act also stipulates that registration is now valid for only one year (previously two years) after issuance.
The Act is effective upon passage.
Rhode Island amends licensing provisions relating to remote working
On June 29, the Rhode Island governor signed SB 2794 into law, which amends licensing provisions related to remote employees, locations, and supervision. The bill adds definitions, eliminates certain requirements for licensees, and adds business operation guidance. Specifically, the bill, among other things, permits employees of a licensee to perform services for the licensee or act as a mortgage loan originator from a remote location, so long as certain requirements are met, which includes, among other things, that: (i) the employee is subject to the supervision of the licensee; (ii) the licensee has written policies and procedures for supervision of, and employs appropriate risk-based monitoring and oversight process of work performed by, employees working from remote locations; (iii) access to the licensee's computer platforms and to customer information is in accordance with the licensee's comprehensive written information security plan; (iv) no in-person customer interaction occurs at a remote location; and (v) physical records related to the licensee's business, including consumer information, are not maintained at the remote location. The bill also establishes that a remote location shall not be considered a branch of the licensee; however, activities conducted at a remote location shall be subject to examination. The bill is effective immediately.
Rhode Island extends its work from home provisions for lenders
On December 22, 2020, the Rhode Island Department of Business Regulation extended interim guidance permitting mortgage loan originators, lenders, loan brokers, and exempt company registrants to work from home, even if the home is not a “licensed branch” or located outside of Rhode Island (previously covered here, here, and here.) To take advantage of this exemption, the individual must maintain certain specified data security provisions. This extension is set to expire March 31, 2021.
Rhode Island Division of Banking issues guidance on workplace practices to mitigate spread of Covid-19
On November 6, the Rhode Island Department of Business Regulation, Division of Banking issued Banking Bulletin 2020-6 announcing certain standards for personnel and office operations that it encourages financial institutions to implement to mitigate further spread of Covid-19. These standards include, among others, guidelines for employee mask-wearing and congregation, and arrangement of office furniture to encourage social distancing.
Rhode Island regulator extends work from home guidance for lenders
On September 28, the Rhode Island Department of Business Regulation, Banking Division, extended previous guidance (previously covered here and here) issued to mortgage loan originators, lenders, loan brokers, and exempt company registrants. The guidance permits working from home, even if the home is located outside of Rhode Island or is not a licensed branch, so long as specified data security provisions are met. The department extended this guidance until December 31, 2020.
Rhode Island courts to recommence eviction proceedings on June 2, 2020
On May 20, State of Rhode Island District Court issued Administrative Order 2020-02, announcing that it would recommence adjudicating eviction matters on June 2, and detailing a set of temporary practices and protocols for eviction matters. Similarly, on May 19, the State of Rhode Island Department of Business Regulation issued Certified Constables Bulletin 2020-1.2, noting that certified constables should conduct service of process and executions regarding eviction at a time and in a manner specified by the court.
Rhode Island extends Covid-19 executive orders
On May 6, the governor of Rhode Island extended multiple executive orders related to the Covid-19 pandemic until June 5, 2020. These include, among others, orders related to quarantines, remote corporate and shareholder meetings, and unemployment insurance.
Rhode Island attorney general: CARES Act recovery rebates exempt from seizure
On April 28, the attorney general of Rhode Island issued guidance to financial institutions, credit unions, creditors and debt collectors announcing that, in the attorney general’s view, all CARES Act recovery rebates are exempt from attachment and execution under Rhode Island law. The attorney general also warned that if a creditor attempts to attach a CARES Act recovery rebate, the attorney general’s office may bring a civil action or seek injunctive relief.
Rhode Island regulator extends guidance for lenders
On April 28, the Rhode Island Department of Business Regulation, Banking Division, amended previous guidance (previously covered here) issued to mortgage loan originators, lenders, loan brokers and exempt company registrants. The previous guidance permitted working at home, even if the home is located outside of Rhode Island or is not a licensed branch. The department extended this guidance until June 30, 2020.