March 2021Transmittal 481
Effective: 3/1/2021
The
Board, the Federal Deposit Insurance Corporation (FDIC), the National
Credit Union Administration (NCUA), the Office of the Comptroller
of the Currency (OCC), and the state regulators recognize the serious
impact of Texas Winter Storms on the customers and operations of many
financial institutions and will provide appropriate regulatory assistance
to affected institutions subject to their supervision.
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The agencies encourage institutions
operating in the affected areas to meet the financial services needs
of their communities. For more information, see the interagency statement
on the Board’s website: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20210222a.htm. Banks and Banking
Bank Secrecy
Act Regulations
The U.S. Department of the
Treasury’s Financial Crimes Enforcement Network (FinCEN) issued
a final rule to reflect inflation adjustments to its civil monetary
penalties (CMPs) as mandated by the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended.
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This rule adjusts certain CMPs
within the jurisdiction of FinCEN to the maximum amount required by
the act. The final rule is effective January 28, 2021 (Department
of the Treasury, Financial Crimes Enforcement Network at 3-1700),
the same day it was published in the Federal Register.
On January 19, 2021, the Board, the FDIC, the
NCUA, and the OCC (collectively, “the federal banking agencies”)
and FinCEN issued
Answers to Frequently Asked Questions Regarding Suspicious Activity
Reporting and Other Anti-Money Laundering Considerations.
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The frequently
asked questions (FAQs) are intended to provide clarity to industry
questions regarding certain suspicious activity reports (SAR) filing
requirements and compliance processes. The FAQs have been issued as
a result of discussions among law enforcement, regulators, and industry
representatives through the Bank Secrecy Act Advisory Group (Department
of the Treasury, Financial Crimes Enforcement Network at 3-1700). Regulation Q
The Board is correcting changes
to the definition of eligible retained income in the capital rule.
This definition is used for calculating limitations on capital distributions
and discretionary bonus payments and was adopted in an interim final
rule published on March 18, 2020, and as a final rule published on
October 8, 2020.
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The final rule is effective January 15, 2021 (Regulation Q, Docket R-1703), the same day it was published in the Federal
Register. Consumer and Community Affairs
CFPB’s Regulation Z
The Consumer Financial Protection Bureau (CFPB) issued a final rule
to amend the General “qualified mortgages” (QMs) loan
definition in Regulation Z (Truth in Lending). Among other things,
the final rule removes the General QM loan definition’s 43 percent
limit on the ratio of the consumer’s total monthly debt to total
monthly income (DTI or DTI ratio) and replaces it with price-based
thresholds.
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Another category of QMs consists of loans that are eligible for
purchase or guarantee by either the Federal National Mortgage Association
(Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie
Mac) (government-sponsored enterprises or GSEs), while operating under
the conservatorship or receivership of the Federal Housing Finance
Agency (FHFA). The GSEs are currently under federal conservatorship.
In 2013, the CFPB established this category of QMs (Temporary GSE
QMs) as a temporary measure that would expire no later than January
10, 2021, or when the GSEs cease to operate under conservatorship.
In a final rule released on October 20, 2020, the CFPB extended the
Temporary GSE QM loan definition to expire on the mandatory compliance
date of final amendments to the General QM loan definition in Regulation
Z (or when the GSEs cease to operate under the conservatorship of
the FHFA, if that happens earlier). In this final rule, the CFPB adopts
the amendments to the General QM loan definition that are referenced
in that separate final rule. The final rule is effective March 1,
2021 (Consumer Financial Protection Bureau, Regulation Z, Docket CFPB-2020-0020) and was published in the Federal Register on December 29, 2020.
The CFPB is amending Regulation Z to add a new category
of QMs—Seasoned QMs—to the existing QMs loan definition.
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The final rule
defines Seasoned QMs as first-lien, fixed-rate covered transactions
that have met certain performance requirements over a seasoning period
of at least 36 months, are held in portfolio until the end of the
seasoning period by the originating creditor or first purchaser, comply
with general restrictions on product features and points and fees,
and meet certain underwriting requirements. The CFPB’s primary
objective with this final rule is to ensure access to responsible,
affordable mortgage credit. The final rule is effective March 1, 2021
(Consumer Financial Protection Bureau, Regulation Z, Docket CFPB-2020-0028) and was published in the Federal Register on December 29, 2020.Procedural
and Organizational Rules
Rules of Practice
for Hearings
The Board issued a final rule
amending its rules of practice and procedure to adjust the amount
of each civil money penalty provided by law within its jurisdiction
to account for inflation as required by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015.
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The final rule is effective
January 13, 2021 (Procedural and Organizational Rules, Rules of Practice for Hearings, Docket R-1739), the
same day it was published in the Federal Register.