April 2022Transmittal 494
Effective: 4/1/2022
Holding and Nonbank Financial Companies
Regulation Y
The Board, the
Federal Deposit Insurance Corporation, and the Office of the Comptroller
of the Currency issued a final rule that requires a banking organization
to notify its primary federal regulator of any “computer-security
incident” that rises to the level of a “notification incident,” as
soon as possible and no later than 36 hours after the banking organization
determines that a notification incident has occurred.
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The final rule also requires
a bank service provider to notify each affected banking organization
customer as soon as possible when the bank service provider determines
that it has experienced a computer-security incident that has caused,
or is reasonably likely to cause, a material service disruption or
degradation for four or more hours. The final rule is effective April
1, 2022 (Regulation Y, Docket R-1736) and was published in the Federal Register on November 23, 2021.Consumer
and Community Affairs
CFPB’s Regulation
Z
The Consumer Financial Protection Bureau
(CFPB) is amending Regulation Z, which implements the Truth in Lending
Act, generally to address the anticipated sunset of LIBOR (London
interbank offered rate), which is expected to be discontinued for
most U.S. dollar (USD) tenors in June 2023.
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Some creditors currently use
USD LIBOR as an index for calculating rates for open-end and closed-end
products. The CFPB is amending the open-end and closed-end provisions
to provide examples of replacement indices for LIBOR indices that
meet certain Regulation Z standards. The CFPB also is amending Regulation
Z to permit creditors for home equity lines of credit (HELOCs) and
card issuers for credit card accounts to transition existing accounts
that use a LIBOR index to a replacement index on or after April 1,
2022, if certain conditions are met. This final rule also addresses
change-in-terms notice provisions for HELOCs and credit card accounts
and how they apply to accounts transitioning away from using a LIBOR
index. Lastly, the CFPB is amending Regulation Z to address how the
rate reevaluation provisions applicable to credit card accounts apply
to the transition from using a LIBOR index to a replacement index.
The CFPB is reserving judgment about whether to include references
to a 1-year USD LIBOR index and its replacement index in various comments;
the CFPB will consider whether to finalize comments proposed on that
issue in a supplemental final rule once it obtains additional information.
The final rule is effective April 1, 2022 (Consumer Financial Protection
Bureau, Regulation Z, Docket CFPB-2020-0014) and was published in the Federal Register on December 8, 2021.