February 2024Transmittal 516
Effective: 2/1/2024
Banks and Banking
Regulation
O
On December 15, 2023, the Board, the Federal
Deposit Insurance Corporation (FDIC), and the Office of the Comptroller
of the Currency issued an
Extension of the Revised Statement Regarding
Status of Certain Investment Funds and Their Portfolio Investments
for Purposes of Regulation O and Reporting Requirements under Part
363 of FDIC Regulations.
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This statement extends the expiration
of the no-action position provided in the revised statement that was
issued on December 22, 2022, and that expired on January 1, 2024.
The federal banking agencies will continue to exercise discretion
to not take enforcement action against banks or asset managers that
become principal shareholders of banks with respect to certain extensions
of credit by banks that otherwise would violate Regulation O. The
agencies are extending this temporary relief while the Board, in consultation
with the other federal banking agencies, considers whether to amend
Regulation O. The interagency statement also sets forth the eligibility
criteria for this relief (Regulation O).Consumer and
Community Affairs
Regulation BB
The Board and the FDIC amended their Community Reinvestment
Act (CRA) regulations to adjust the asset-size thresholds used to
define “small bank” and “intermediate small bank.”
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As required by
the CRA regulations, the adjustment to the threshold amount is based
on the annual percentage change in the Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI–W). The final rule is
effective January 1, 2024 (Regulation BB, Docket R–1826) and was published in the Federal Register on December 20, 2023.CFPB’s Regulation C
The Consumer Financial
Protection Bureau (CFPB) amended the official commentary that interprets
the requirements of Regulation C (Home Mortgage Disclosure) to reflect
the asset-size exemption threshold for banks, savings associations,
and credit unions based on the annual percentage change in the average
of the CPI–W.
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Based on the 4.1 percent increase in the average of the CPI–W
for the 12-month period ending in November 2023, the exemption threshold
is adjusted to $56 million from $54 million. Therefore, banks, savings
associations, and credit unions with assets of $56 million or less
as of December 31, 2023, are exempt from collecting data in 2024.
The final rule is effective January 1, 2024 (Consumer Financial Protection
Bureau, Regulation C) and was published in the Federal Register on December 21, 2023.CFPB’s Regulation Z
The CFPB amended
the official commentary to its Regulation Z in order to make annual
adjustments to the asset-size thresholds exempting certain creditors
from the requirement to establish an escrow account for a higher-priced
mortgage loan.
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These changes reflect updates to the exemption from the escrow requirement
in the Truth in Lending Act for creditors that, together with their
affiliates that regularly extended covered transactions secured by
first liens, had total assets of less than $2 billion (adjusted annually
for inflation). They also reflect updates to the exemption the CFPB
added, by implementing section 108 of the Economic Growth, Regulatory
Relief, and Consumer Protection Act, for certain insured depository
institutions and insured credit unions with assets of $10 billion
or less (adjusted annually for inflation). These amendments are based
on the annual percentage change in the average of the CPI–W.
Based on the 4.1 percent increase in the average of the CPI–W
for the 12-month period ending in November 2023, the exemption threshold
for creditors and their affiliates that regularly extended covered
transactions secured by first liens is adjusted to $2.640 billion
from $2.537 billion and the exemption threshold for certain insured
depository institutions and insured credit unions with assets of $10
billion or less is adjusted to $11.835 billion from $11.374 billion.
The final rule is effective January 1, 2024 (Consumer Financial Protection
Bureau, Regulation Z) and was published in the Federal Register on December 21, 2023.