July 2021Transmittal 485
Effective: 7/1/2021
Banks and Banking
Regulation O
On April 17, 2020, the Board issued an interim final
rule to except certain loans made through June 30, 2020, that are
guaranteed under the Small Business Administration’s Paycheck
Protection Program from the requirements of the Federal Reserve Act
and the associated provisions of the Board’s Regulation O.
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The Board issued
two additional interim final rules to extend the exception when Congress
approved extensions to the Paycheck Protection Program. To reflect
a further extension approved by Congress and to automatically capture
any further extensions, the Board is issuing this interim final rule
to extend this exception to such loans made through March 31, 2022.
The interim final rule is effective May 21, 2021 (Regulation O, Docket R-1740), the same day it was published in the Federal
Register. Regulation WW
The
Board, the Federal Deposit Insurance Corporation, and the Office of
the Comptroller of the Currency are adopting a final rule that implements
a stable funding requirement, known as the net stable funding ratio
(NSFR), for certain large banking organizations.
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The final rule establishes a
quantitative metric, the NSFR, to measure the stability of the funding
profile of certain large banking organizations and requires these
banking organizations to maintain minimum amounts of stable funding
to support their assets, commitments, and derivatives exposures over
a one-year time horizon. The NSFR is designed to reduce the likelihood
that disruptions to a banking organization’s regular sources
of funding will compromise its liquidity position, promote effective
liquidity risk management, and support the ability of banking organizations
to provide financial intermediation to businesses and households across
a range of market conditions. The NSFR supports financial stability
by requiring banking organizations to fund their activities with stable
sources of funding on an ongoing basis, reducing the possibility that
funding shocks would substantially increase distress at individual
banking organizations. The final rule applies to certain large U.S.
depository institution holding companies, depository institutions,
and U.S. intermediate holding companies of foreign banking organizations,
each with total consolidated assets of $100 billion or more, together
with certain depository institution subsidiaries (together, covered
companies). Under the final rule, the NSFR requirement increases in
stringency based on risk-based measures of the top-tier covered company.
U.S. depository institution holding companies and U.S. intermediate
holding companies subject to the final rule are required to publicly
disclose their NSFR and certain components of their NSFR every second
and fourth calendar quarter for each of the two immediately preceding
calendar quarters. The final rule also amends certain definitions
in the agencies’ liquidity coverage ratio rule that are also
applicable to the NSFR. The final rule is effective July 1, 2021 (Regulation WW, Docket R-1537) and was published in the Federal Register on February 11, 2021. Consumer and Community Affairs
CFPB’s Regulation Z
The Consumer Financial Protection Bureau (CFPB) issued a final rule
to delay until October 1, 2022, the mandatory compliance date for
the final rule titled “Qualified Mortgage Definition under the
Truth in Lending Act (Regulation Z): General QM Loan Definition (General
QM Final Rule).”
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The CFPB is taking this action to help ensure access to responsible,
affordable mortgage credit and to preserve flexibility for consumers
affected by the coronavirus (COVID-19) pandemic and its economic effects.
The final rule is effective June 30, 2021 (Consumer Financial Protection
Bureau, Regulation Z, Docket CFPB-2021-0003) and was published in the Federal Register on April 30, 2021. Proposed Rules
The Board is requesting comment on proposed changes to part II of
the Federal Reserve Policy on Payment System Risk (PSR policy) that
would expand access to collateralized intraday credit from the Federal
Reserve Banks and clarify the eligibility standards for accessing
uncollateralized intraday credit from Reserve Banks.
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These proposed changes build
upon the revisions to the PSR policy adopted in 2008 and implemented
in 2011, which the Board designed to improve intraday liquidity management
and payment flows for the banking system while helping to mitigate
the credit exposures of the Reserve Banks from daylight overdrafts.
In addition, the Board is requesting comment on changes to part II
of the PSR policy to support the deployment of the FedNowSM Service. Relatedly, the Board is proposing to incorporate the Federal
Reserve Policy on Overnight Overdrafts into the PSR policy. Comments
on this notice of proposed changes must be received by August 2, 2021
(Docket OP-1749).
The Board is proposing amendments to Regulation J to govern
funds transfers through the Federal Reserve Banks’ new FedNow
Service by establishing a new subpart C.
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The Board is also proposing
changes and clarifications to subpart B, governing the Fedwire Funds
Service, to reflect the fact that the Reserve Banks will be operating
a second funds transfer service in addition to the Fedwire Funds Service,
as well as proposing technical corrections to subpart A, governing
the check service. Comments on this notice of proposed rulemaking
must be received by August 10, 2021 (Docket R-1750).