All in Regulatory Update

On 6/17/2020, the Office of the Comptroller of the Currency (OCC) issued Bulletin 2020-61 to inform national banks about how the recently issued “host state loan-to-deposit ratios” are used to determine compliance with laws relating to Interstate Banking and branching efficiency. Specifically, the OCC’s CRA regulation (12 CFR 25, subpart E") includes specific tests for determining whether an interstate bank is lending appropriately in host states where it has branches. The OCC’s new bulletin explains how national banks can use this data.

On 6/16/2020, the CFPB issued a new compliance aid to provide financial institutions with additional information relating to the CARES Act and this COVID-19 pandemic. This new guide (Version 1) reiterates the Bureau’s April 1, 2020 “Statement on Supervisory and Enforcement Priorities Regarding the Fair Credit Reporting Act and Regulation V in Light of the CARES Act” and provides ten questions and answers to assist financial institutions in understanding Bureau expectations.

When the Federal Reserve announced in March that it would temporarily reduce its exam activity in light of the coronavirus response measures banks were taking, we knew this break from exams wouldn’t last forever. On 6/15/2020, the Federal Reserve Board announced that it will resume examination activities for all banks and anticipates that exams will continue to be conducted offsite until conditions improve.

On 6/10/2020, the CFPB issued a new step-by-step guide to help communities form networks to increase their capacity to prevent and respond to elder abuse. Specifically, the guide offers planning tools, templates, and exercises to help stakeholders complete the following key tasks in the creation of a new network or to refresh or expand an existing one…

On 6/8/2020, the Small Business Administration (SBA), along with the Treasury Secretary, issued a joint statement regarding the enactment of the Paycheck Protection Program Flexibility Act. Specifically, the SBA is planning to issue rules and guidance, a modified borrower application form, and a modified loan forgiveness application to implement the legislative amendments to the PPP.

On 6/5/2020, the federal regulators, through the Federal Financial Institutions Examination Council (FFIEC) released a statement on financial inclusion. Specifically, their statement is as follows: “We, the prudential and consumer financial protection regulators of the U.S. financial system, are committed to financial inclusion. Racism and discrimination must not be tolerated. Everyone deserves the opportunity to participate in our financial mainstream. We remain steadfastly dedicated to ensuring that the financial institutions which we regulate provide fair access and fair treatment to everyone in America.”

On 6/4/2020, the CFPB announced that it began taking steps to transition away from LIBOR for consumers and regulatred entities. As explained in their announcement, the CFPB released an updated Consumer Handbook on Adjustable Rate Mortgages (CHARM) as well as a Notice of Proposed Rulemaking (NPRM) concerning the anticipated discontinuation of LIBOR, including proposing examples of replacement indices that meet Regulation Z standards. Additionally, the Bureau issued a number of FAQs on other important LIBOR transition topics that do not require amendments to Regulation Z.