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Delaware Department of Insurance issues bulletin to insurance companies and licensed insurance producers
On April 3, the Delaware Department of Insurance issued Bulletin No. 117/33 to insurance companies authorized to transact business in Delaware and licensed insurance producers regarding compliance with regulatory requirements during Covid-19. Insurers are reminded that, without a court order, they may not suspend, cancel or refuse to renew certain defined policies due to nonpayment during the governor’s declared state of emergency. Among other things, the bulletin also: temporarily suspends notarization requirements for documents required to be filed under Title 18, relaxes requirements for in-person appraisals/inspections, suspends any on-site examination work that is non-essential or contrary to directives to limit gatherings, suspends administrative hearings and notes that the department will not schedule any arbitrations that are nonessential or contrary to directives to limit gatherings or practice social distancing or isolation, and provides additional information regarding regulatory filing deadlines, response deadlines, and requests for extensions.
Tennessee regulators issue joint bulletin on premium finance agreements
On April 3, the Tennessee Department of Commerce and Insurance and Department of Financial Institutions issued a joint bulletin pertaining to premium finance agreements. The joint statement encouraged premium finance lenders to provide grace periods on payments and to be flexible when determining agreement defaults. The Department of Commerce and Insurance, working in conjunction with the Department of Financial Institutions, recommended insurance carriers coordinate with premium finance lenders on grace period modifications.
Rhode Island Banking Division issues guidelines detailing flexibility for premium finance lenders
On April 3, the Rhode Island Department of Business Regulation Banking Division issued a bulletin asking premium finance companies to work with insured individuals and entities to maintain coverage during the Covid-19 crisis. The bulletin requests that premium lenders: (1) extend payment periods, implement alternative payment plans, and take other necessary steps to avoid the cancellation or lapse of coverage during the emergency period; (2) implement alternative payment methods, such as facilitation electronic payments; (3) consider waiving late payments and other penalties, and extend grace periods on statement due dates and; (4) streamline processes that might delay issuing new coverage or cause the lapse of existing coverage.
New Hampshire bank regulator exempts PPP loans from legal lending limits
On April 3, the New Hampshire Banking Department issued guidance to state-chartered banks indicating that loans made under the Small Business Administration’s Payment Protection Program are exempt from applicable legal lending limits because the loans are guaranteed by the Small Business Administration.
Maryland issues executive order suspending repossessions, foreclosures, and evictions, and providing relief to commercial banks and credit unions
On April 3, the Maryland governor issued an executive order prohibiting repossessions of an automobile, truck, or chattel home by a creditor, suspending the initiation of residential foreclosures, and prohibiting residential and commercial evictions. The order also allows the Commissioner of Financial Regulation to, upon the request of a state-chartered or credit union, suspend provisions of the Maryland Code to allow such institutions to exceed statutory lending limits if the commissioner determines that doing so would not reasonably be expected to impair the safety or soundness of the institution.
Alabama issues proclamation providing relief from residential evictions and foreclosures
On April 3, the Alabama governor issued a proclamation announcing temporary relief from residential evictions and foreclosures. All state, county, and local law enforcement officers are directed to cease enforcement of any order that would result in the displacement of a person from their residence. The proclamation does not relieve individuals of any obligation to pay rent, make mortgage payments, or comply with any obligation that an individual may have under a rental agreement or mortgage. Any law that conflicts with the proclamation is suspended for the duration of the state of emergency for Covid-19.
SEC highlights the need for top-quality financial reporting due to Covid-19
On April 3, the SEC Office of the Chief Accountant (OCA) released a statement regarding “the Importance of High-Quality Financial Reporting in Light of the Significant Impacts of COVID-19.” In the statement, the SEC Chief Accountant states that capital markets cannot function optimally without the free flow of “high quality financial information” that enables informed decision-making from lenders, investors, and other stakeholders. The statement points out that accounting and financial reporting may be challenging due to Covid-19 and that financial institutions may have to make “significant judgments and estimates,” but that the OCA does not intend to oppose “well-reasoned judgments.” Accounting areas that may require these judgments and estimates include (i) “[f]air value and impairment”; (ii) “[l]eases”; (iii) “[d]ebt modifications or restructuring”; (iv) “[h]edging”; (v) “[r]evenue recognition”; (vi) “[g]oing concern”; (vii) “[s]ubsequent events”; and (viii) “[a]doption of new accounting standards.” Regarding auditing, the OCA advises that auditor independence is of paramount importance to financial institutions and notes its willingness to consult on these issues. The statement also emphasizes the OCA’s engagement with the Financial Accounting Standards Board and the Public Company Accounting Oversight Board, as well as with international accounting groups regarding issues created by Covid-19. Finally, the OCA encourages those involved in the financial reporting system to collaborate, and reiterates the OCA’s willingness to answer Covid-19 related questions.
FinCEN issues OCC-backed statement on risk-based BSA reporting during pandemic
On April 3, the Financial Crimes Enforcement Network (FinCEN) updated its guidance from March 16 regarding Bank Secrecy Act (BSA) reporting and Covid-19-related fraudulent transactions and scams, covered by InfoBytes here. The update provides that banks making Small Business Administration Paycheck Protection Program loans will not be required to re-verify beneficial ownership for existing customers. In addition, the update advised that a February Currency Transaction Report ruling regarding filing obligations was suspended until further notice. FinCEN reminded financial institutions that BSA compliance obligations are still in place, and also introduced an online contact mechanism to communicate with FinCEN regarding BSA obligations during the Covid-19 pandemic.
On April 7, the OCC issued Bulletin 2020-34 in support of “FinCEN’s Regulatory Relief and Risk-Based Approach.” The agency urged all financial institutions to observe FinCEN’s risk-based approach to BSA/AML compliance obligations, adding that “[c]ompliance with the BSA remains crucial to protecting national security by combating money laundering and related crimes, including terrorism and its financing, during national emergencies such as the COVID-19 pandemic.” The OCC also stated that it will work with financial institutions impacted by Covid-19 regarding reporting obligations, exams and other concerns.
FDIC extends brokered deposit comment period
On April 3, the FDIC announced the extension of public comment on its notice of proposed rulemaking (NPR) on revisions to the agency’s brokered deposit regulations. Due to challenges associated with the Covid-19 pandemic, the deadline for submitting comments is now June 9. As previously covered by InfoBytes, the NPR would modernize and establish a new framework to ensure the “classification of a deposit as brokered appropriately reflects changes in the banking system, including banks’ use of new technologies to engage and interact with their customers.”
Supreme Court postpones April arguments
On April 3, the U.S. Supreme Court announced that oral arguments scheduled for the April session will be postponed in light of the Covid-19 pandemic. According to the announcement, the Court may, depending on public health conditions, reschedule some of the March and April session cases to a later date prior to the end of the term. In addition, the Court will continue to post opinions on the Court’s website and will “proceed with the resolution of all cases argued this term.”