All in Regulatory Update

Regulatory Reform Guidance for HMDA Reporters

Adam Witmer
Regulatory Update, HMDA

On July 5, 2018, three of the regulatory agencies issued statements on how the new regulatory reform law (S. 2155) will affect certain HMDA reporters.  Each statement is substantially similar and gives an overview of how the Economic Growth, Regulatory Relief, and Consumer Protection Act amends the Home Mortgage Disclosures Act.  Each statement was substantially similar and essentially has three parts.

OCC Updates and Rescinds Booklets

Adam Witmer
Regulatory Update

On June 28, 2018, the OCC revised several booklets from their Comptroller’s Handbook. The revised booklets include “Bank Supervision Process,” “Community Bank Supervision,” “Compliance Management Systems,” and “Large Bank Supervision.”  In addition to these booklet revisions, the OCC has rescinded several booklets for various reasons.

Regulation CC Mobile Deposit Endorsement

Adam Witmer
Regulatory Update, Regulation CC

As more and more community banks and credit unions are offering mobile deposits (also known as consumer remote deposit capture), it is important for these financial institutions to understand the rules that govern mobile deposits and how this affect their liability under applicable regulations.  One of the main elements to understand is how a mobile deposit endorsement will affect the liability of the financial institution in regards to checks that are deposited twice; once through mobile deposit and then a second time (usually at another financial institution) with the paper check.

Reminder to Watch for New SAR Form

Adam Witmer
BSA, Regulatory Update

As we explained several months back, FinCEN announced in January that they would be revising the SAR form in June of 2018.  As of today, that revision has not yet been released, so Financial Institutions are reminded that they should expect a new SAR form to be released within the next few days. The planned revision is the first change to v1.1 of the original electronic-only SAR form that was implemented a few years back.  Based on the proposed revisions, it appears that all…

OCC Issues Guidance on CRA Performance Evaluation Process

Adam Witmer
Regulatory Update, CRA

On June 15, 2018, the OCC issued a bulletin (2018-17) on supervisory policy and processes for Community Reinvestment Act (CRA) performance evaluations.  This bulletin was issued to inform national banks, federal savings associations, and federal branches and agencies (collectively, banks) regulated by the OCC about clarification to the OCC’s supervisory policies and processes regarding how examiners will now evaluate and communicate bank performance under the CRA.  This new guidance is effective immediately, though financial institutions that are currently in the middle of a CRA examination may see the use of transitional procedures.

FinCEN Advisory on Corrupt PEPs

Adam Witmer
BSA, Regulatory Update

This week, on June 12, 2018, the Financial Crimes Enforcement Network (FinCEN) issued an advisory on human rights abuses enabled by corrupt senior foreign political figures - also known as Politically Exposed Persons (PEPs) - and their financial facilitators.  In their 15-page advisory, FIN-2018-A003, FinCEN explains that high-level political corruption “undermines democratic institutions and public trust, damages economic growth, and fosters a climate where financial crime and other forms of lawlessness can thrive.” FinCEN also explains that corrupt senior foreign political figures can also contribute directly and indirectly to human rights abuses.  Therefore, FinCEN has issued this guidance to, among other things, help financial institutions identify “red flags” for suspicious activity in relationship to senior foreign political figures.  The advisory also provides guidance for filing SARs on PEPs. (Read more.)

HMDA Relief for Community Banks and Credit Unions

Adam Witmer
HMDA, Regulatory Update

After passing through Congress on Tuesday, President Trump today signed into law S.2155, known as the Economic Growth, Regulatory Relief, and Consumer Protection Act.   This banking reform bill, introduced by Idaho Sen. Mike Crapo in November of 2017, does a number of things to undo the burdens placed on smaller financial institutions by the Dodd-Frank Act. One of those things relates to the new fields that were required under the Home Mortgage Disclosure Act (HMDA) beginning on January 1, 2018.

Regulatory Relief for Community Banks and Credit Unions

Adam Witmer
Regulatory Update

Earlier today, President Trump signed into law a major rollback of regulations.  S.2155, known as the Economic Growth, Regulatory Relief, and Consumer Protection Act, was passed by the House on Tuesday, and passed by the Senate over two months ago.  This banking reform bill, introduced by Idaho Sen. Mike Crapo in November of 2017, does a number of things to undo the burdens placed on smaller financial institutions by the Dodd-Frank Act.  

New SCRA Notice

Adam Witmer
Regulatory Update

At the end of the first quarter of 2018, HUD posted a revised SCRA notice which is sent to all delinquent mortgage borrowers.  This revised notice is the one that must be delivered between the 32nd and 45th day after a loan goes into default. The recent revision was made to reflect the extended protection from foreclosure which was adopted as part of the National Defense Authorization Act of 2018.  

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