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Financial Services Law Insights and Observations

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  • Nebraska Dept. of Banking and Finance updates guidance on temporary branch relocations

    State Issues

    The Nebraska Department of Banking and Finance recently updated its March 12, 2020 guidance regarding temporary branch relocations (previously discussed here). The Department will continue to temporarily allow licensed and sponsored mortgage loan originators (MLOs), loan processors, underwriters, and other staff to work from an unlicensed branch upon notification by the sponsor, and approval by the department. Licensed mortgage bankers who have staff working from unlicensed locations must submit an updated list of those employees to the Department through the NMLS on, or before, March 1, June 1, September 1, and at renewal, in 2021. In addition, licensed MLOs must take certain data security measures and not allow customers to come to the unlicensed location.  The guidance is effective January 1, 2021.

    State Issues Covid-19 Nebraska Banking

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  • Connecticut Department of Banking extends work from home guidance for licensees

    State Issues

    On August 21, the Connecticut Department of Banking issued a memorandum extending through December 31, 2020, its no-action position (previously discussed here and here) with respect to various licensees temporarily working from home during Covid-19, provided that certain criteria set forth in the memorandum are met.

    State Issues Covid-19 Connecticut Banking Licensing

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  • Kansas issues executive order temporarily prohibiting certain foreclosures and evictions

    State Issues

    On August 17, the Kansas governor issued Executive Order No. 20-61, which imposes restrictions on foreclosures and evictions. Banks and lending entities are prohibited from foreclosing on residential properties in Kansas where all defaults or violations of the mortgage are substantially caused by a financial hardship resulting from the Covid-19 pandemic, subject to certain exemptions. Landlords are similarly prohibited from evicting a residential tenant when all defaults or violations of the rental agreement are substantially caused by a financial hardship resulting from the pandemic. Banks, financial lending entities, or landlords initiating judicial foreclosure or eviction proceedings after August 17, 2020, bear the burden of pleading and proving that the foreclosure or eviction is not solely based on defaults or violations resulting from financial hardships resulting from the pandemic. The order does not apply to foreclosures initiated by the U.S. government.

    State Issues Covid-19 Kansas Mortgages Foreclosure Evictions Banking Lending

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  • Boston Fed updates Main Street Lending Program FAQs

    Federal Issues

    On June 20, the Federal Reserve Bank of Boston updated FAQs for its Main Street Lending Program (see here, here and here for previous coverage). Among other things, new FAQs address the treatment of applicant debt to third party lenders for purposes of calculating outstanding and undrawn debt, certifications regarding conflicts of interest, and the application of regulatory lending limits imposed on national banks, federal savings associations, and state savings associations to loans issued under the Main Street Lending Program.

    Federal Issues Covid-19 Department of Veterans Affairs Banking Federal Reserve Bank of Boston Third-Party

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  • Massachusetts Division of Banks issues guidance to credit unions on annual meetings

    State Issues

    On June 12, the Massachusetts Office of Consumer Affairs and Business Regulation, Division of Banks, issued industry guidance regarding annual meetings for Massachusetts chartered credit unions. Massachusetts credit unions that have not yet held their annual membership meeting may postpone the annual meeting until the state of emergency is lifted, the order declaring the state of emergency has expired or is rescinded, or such time as the credit union believes it may safely hold the meeting. Alternatively, a credit union may remotely hold the annual meeting, or may conduct a hybrid meeting consisting of a combination of remote communication in conjunction with a limited in-person meeting. A credit union may also utilize mail voting with either options. Credit unions that exercise a virtual meeting option must comply with certain requirements in the guidance.

    State Issues Covid-19 Massachusetts Credit Union Financial Institutions Banking

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  • Massachusetts Division of Banks issues guidance to mutual institutions on annual meetings

    State Issues

    On June 12, the Massachusetts Office of Consumer Affairs and Business Regulation, Division of Banks, issued industry guidance regarding annual meetings for Massachusetts state-chartered mutual banks and subsidiary banks of a Massachusetts mutual holding company. Mutual institutions that have not yet held their annual meeting this year may use remote communications to conduct the annual meeting virtually or as a hybrid meeting that includes limited in-person attendance of depositors or corporators, provided certain requirements are met. Alternatively, such mutual institutions may postpone an in-person annual meeting until after the state of emergency has ended. Mutual institutions that elect to offer remote annual meetings must comply with certain requirements in the guidance.

    State Issues Covid-19 Massachusetts Financial Institutions Banking

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  • New Jersey Department of Banking and Insurance extends no-action position regarding temporary work from home

    State Issues

    On May 28, the New Jersey Department of Banking and Insurance issued Bulletin No. 20-26 to certain licensees regarding temporarily working from home due to Covid-19. The bulletin extends the department’s no-action position regarding licensure for certain branch office locations due to individuals temporarily working from home first announced in Bulletin No 20-06 (covered here).  The no-action position is only effective with a submission that includes specified materials and may be subject to pre-conditions and operating, reporting, and other requirements. Licensees who have already submitted materials to the department in response to Bulletin No. 20-06 are not required to resubmit those materials.

    State Issues Covid-19 New Jersey Licensing Banking Insurance

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  • New Jersey Department of Banking extends filing deadlines for certain annual reports

    State Issues

    On May 12, the New Jersey Department of Banking Insurance issued a bulletin regarding the extension of deadlines for certain entities and individual regulated by the Division of Banking to file annual reports. Certain enumerated licensees, including check cashers, insurance premium finance companies, motor vehicle installment sellers, and money transmitters, are granted an extension until June 1 to file annual reports. However, licensees must file their subsequent annual report by April 1, 2021. Mortgage lenders and mortgage brokers who are required to file an annual report on or before May 1, are also granted an extension to June 1. The next annual report must be filed by May 1, 2021.

    State Issues Covid-19 New Jersey Banking Licensing Insurance Auto Finance Money Service / Money Transmitters Mortgages Mortgage Broker Broker-Dealer

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  • Tennessee extends timeline for bank examinations and authorizes virtual shareholder meetings during pandemic

    State Issues

    On May 12, Tennessee Governor Bill Lee issued Executive Order No. 36 suspending or amending a variety of statutory and regulatory requirements to facilitate the treatment and containment of Covid-19.  These include, among other things, extending examination cycles for financial institutions, extending timing requirements for securities registrations, and allowing for virtual shareholder meetings. The order will be in effect until June 30, unless amended or revised.

    State Issues Covid-19 Tennessee Banking Examination Shareholders Securities

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  • Kansas Office of the State Bank Commissioner issues guidance on re-opening of bank facilities

    State Issues

    On May 11, the Kansas Office of the State Bank Commissioner (OSBC) issued guidance regarding the re-opening of closed bank lobbies and branches due to Covid-19. The OSBC expects that bank lobbies and branches closed due to the pandemic will begin a gradual reopening, in line with the statewide phased approach, with the objective of a full re-opening by June 15, 2020. However, banks operating across multiple counties are encouraged to consult county-level re-opening procedures, which may be more stringent than state-level procedures. The guidance also acknowledges that certain branches with limited or restricted access may not be able to re-open. The OSBC requests that banks provide written notice of the effective dates of branch and lobby re-openings, even if those re-openings are staggered within the organization.

    State Issues Covid-19 Kansas Banking

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