All in Regulatory Update

On 12/14/21, the OCC issued a final rule on Community Reinvestment Act (CRA) to rescind the June 2020 rule. In their release, the OCC explained that this is to facilitate the ongoing interagency work to modernize the CRA regulatory framework and promote consistency for all insured depository institutions. The June 2020 rule will be replaced with a rule based on the rules adopted jointly by the Federal banking agencies in 1995, as amended. The OCC explained that these actions are intended to facilitate the ongoing interagency work to modernize the CRA regulatory framework and promote consistency for all insured depository institutions.

On 12/9/2021, the CFPB published a blog post titled “Seven examples of unfair practices and other violations by mortgage servicers: CFPB supervision activities uncover red flags.” In their post, the CFPB explains that during the pandemic, families struggle to afford their mortgage payments. It was noted that over 7 million homeowners entered forbearance programs to defer their monthly payments.

On 12/7/21, the Financial Crimes Enforcement Network (FinCEN) issued a Notice of Proposed Rulemaking (NPRM) to implement the beneficial ownership information reporting provisions of the Corporate Transparency Act (CTA). FinCEN explains that the proposed rule is designed to protect the U.S. financial system from illicit use and prevent malign actors from abusing legal entities, like shell companies, to conceal proceeds of corrupt and criminal acts.

On 12/06/21, the Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) to solicit public comment on a potential rule to address the vulnerability of the U.S. real estate market to money laundering and other illicit activity. According to the release, this ANPRM is important as the systemic money laundering vulnerabilities presented by the U.S. real estate sector threatens U.S. national security and the integrity of the U.S. financial system.

On 12/3/21, the Office of the Comptroller of the Currency (OCC) announced that it is soliciting academic-focused papers and policy-focused research on climate risk in banking and finance for presentation to the agency on June 6-7, 2022. Information gathered will help OCC in developing climate-related financial risk management guidance for regulated institutions.