May 2016Transmittal 423
Effective: 5/1/2016
Banks and Banking Policy Statements
The Board
issued
Overview of State Member Bank Examination Frequency and
Coordination following recent changes to the criteria for state
member banks and U.S. branches and agencies of foreign banks to be
eligible for an expanded examination cycle of 18 months (as opposed
to 12 months). The guidance became effective March 10, 2016 (
Guidance, Examinations and Inspections at 3-1532.7).
Consumer and Community Affairs CFPB’s Regulation Z
The Consumer Financial Protection Bureau (CFPB) issued
an interim final rule amending certain provisions of Regulation Z
in light of title LXXXIX of the Fixing America’s Surface Transportation
Act, entitled the Helping Expand Lending Practices in Rural Communities
Act, Public Law 114-94. The amendments to Regulation Z concern two
matters:
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The
eligibility of certain small creditors that operate in rural or underserved
areas for special provisions that permit the origination of balloon-payment
qualified mortgages and balloon-payment high cost mortgages and for
an exemption from the requirement to establish an escrow account for
higher-priced mortgage loans and the determination of whether an area
is rural for the purposes of Regulation Z. The interim final rule
became effective March 31, 2016 (Consumer Financial Protection Bureau,
Regulation Z at 6-5600, Docket CFPB-2016-0013) and was published in
the Federal Register on March 25, 2016.
The Truth in Lending Act and Regulation Z require
credit card issuers to submit their currently-offered credit card
agreements to the CFPB, to be posted on the CFPB’s website. In April
2015, the CFPB suspended that submission obligation for a period of
one year.
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That suspension has expired, and the next submission is due on the
first business day on or after April 30, 2016 (i.e., May 2, 2016).
Credit card issuers should visit the CFPB’s website for instructions
on submitting credit card agreements. The notice of expiration of
suspension was issued on March 28, 2016 (Consumer Financial Protection
Bureau, Regulation Z at 6-5600) and was published in the Federal
Register on April 5, 2016.Proposed
Rules
The Board is inviting public comment
on proposed clarifying revisions to the Board’s rule regarding risk-based
capital surcharges for U.S.-based global systemically important bank
holding companies (GSIBs).
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The proposed rule would modify
the GSIB surcharge rule to provide that a bank holding company subject
to the rule would continue to calculate its method 1 and method 2
GSIB surcharge scores annually using data as of December 31 of the
previous calendar year, even though the data will be due quarterly
beginning with the June 30, 2016, report. In addition, the proposed
rule would clarify that a bank holding company subject to the GSIB
surcharge rule is required to calculate its method 2 GSIB surcharge
score using systemic indicator amounts expressed in billions of dollars,
even though the data is reported in millions of dollars. The preamble
to the proposed rule also provides clarifying information on how a
covered bank holding company should calculate its
short-term wholesale funding score for purposes of calculating its
method 2 score under the GSIB surcharge rule. Comments on this notice
of proposed rulemaking must be received by May 13, 2016 (Docket R-1535).