November 2017Transmittal 441
Effective: 11/1/2017
Banks and Banking Policy
Statements
The Board, the Federal Deposit Insurance Corporation
(FDIC), the National Credit Union Administration (NCUA), and the Office
of the Comptroller of the Currency (OCC) (collectively, “the agencies”)
reissued on September 6, 2017,
Frequently Asked Questions on the
Current Expected Credit Losses Methodology, with additional frequently
asked questions (FAQs) numbered 24 through 37.
More...
These FAQs were developed by
the agencies to assist institutions and examiners in their implementation
of the new accounting standard for credit losses recently issued by
the Financial Accounting Standards Board. The agencies plan to publish
additional FAQs and/or update existing FAQs periodically (Guidance, Allowance for Loan and Lease Losses at 3-1489).Bank
Secrecy Act Regulations
The Financial Crimes Enforcement
Network (FinCEN), a bureau of the Department of the Treasury, is making
technical corrections to a final rule published in the
Federal
Register on Wednesday, May 11, 2016. The final rule relates to
certain customer due diligence standards applicable to covered financial
institutions, defined as banks, brokers or dealers in securities,
mutual funds, and futures commission merchants and introducing brokers
in commodities.
More...
As published, the final rule contains technical errors that could
cause confusion if not corrected. These technical corrections are
effective September 28, 2017 (Department of the Treasury, Financial
Crimes Enforcement Network at 3-1700), the same day they were published
in the Federal Register. Consumer and Community Affairs CFPB’s Regulation
X and CFPB’s Regulation Z
The Consumer Financial Protection
Bureau (CFPB) is amending certain mortgage servicing rules issued
by the CFPB in 2013. This final rule clarifies, revises, or amends
provisions regarding force-placed insurance notices, policies and
procedures, early intervention, and loss mitigation requirements under
Regulation X’s servicing provisions; and prompt crediting and periodic
statement requirements under Regulation Z’s servicing provisions.
More...
The final rule also
addresses proper compliance regarding certain servicing requirements
when a person is a potential or confirmed successor in interest, is
a debtor in bankruptcy, or sends a cease communication request under
the Fair Debt Collection Practices Act. The final rule also makes
technical corrections to several provisions of Regulations X and Z.
The CFPB is issuing concurrently with this final rule an interpretive
rule under the Fair Debt Collection Practices Act relating to servicers’
compliance with certain mortgage servicing rules. The final rule is
effective October 19, 2017, except for several amendments that become
effective April 19, 2018 (Consumer Financial Protection Bureau, Regulation
X at 6-1370 and Consumer Financial Protection Bureau, Regulation Z
at 6-5600, Docket CFPB-2014-0033) and was published in the Federal
Register on October 19, 2016. CFPB’s Regulation X
The CFPB is issuing
an interim final rule amending a provision of the Regulation X mortgage
servicing rules issued in 2016 relating to the timing for servicers
to provide modified written early intervention notices to borrowers
who have invoked their cease communication rights under the Fair Debt
Collection Practices Act.
More...
The CFPB requests public comment
on this interim final rule. The interim final rule is effective October
19, 2017 (Consumer Financial Protection Bureau, Regulation X at 6-1370,
Docket CFPB-2017-0031) and was published in the Federal Register on October 16, 2017. Comments on the interim final rule must be
received by November 15, 2017. CFPB’s Regulation Z
The CFPB is modifying the federal mortgage disclosure requirements
under the Real Estate Settlement Procedures Act (RESPA) and the Truth
in Lending Act (TILA) that are implemented in Regulation Z. This rule
memorializes the CFPB’s informal guidance on various issues and makes
additional clarifications and technical amendments.
More...
This rule also creates tolerances
for the total of payments, adjusts a partial exemption mainly affecting
housing finance agencies and nonprofits, extends coverage of the TILA-RESPA
integrated disclosure requirements to all cooperative units, and provides
guidance on sharing the integrated disclosures with various parties
involved in the mortgage origination process. The final rule is effective
October 10, 2017 (Consumer Financial Protection Bureau, Regulation
Z at 6-5600, Docket CFPB-2016-0038) and was published in the Federal
Register on August 11, 2017. Procedural and Organizational Rules Federal
Open Market Committee
The Federal Open Market Committee
is finalizing its interim final rule amending the Committee’s regulations
under the Freedom of Information Act (FOIA). The FOIA Improvement
Act of 2016 (Improvement Act) amended FOIA and required each federal
agency to review its FOIA regulations and to issue certain revisions
by December 27, 2016.
More...
Substantive revisions to the Committee’s Rules Regarding Availability
of Information were made to conform to the Improvement Act, and the
Committee made other technical changes to the rules in order to clarify
the existing procedures for requesting information and to update contact
information. The interim final rule became effective on December 27,
2016. This rulemaking finalizes the interim rule with minor edits
for consistency and clarification. The final rule is effective November
1, 2017 (Federal Open Market Committee, Rules Regarding Availability
of Information at 8-812) and was published in the Federal Register on October 2, 2017. Payment System Federal Reserve Policy Statement
on Payment System Risk
The Board has revised part II of
the Federal Reserve Policy on Payment System Risk related to the transaction
posting times used for measuring balances intraday in institutions’
accounts at the Federal Reserve Banks to conform to amendments to
regulations governing the use of the Automated Clearing House Network
by federal agencies announced by the Department of the Treasury, Bureau
of the Fiscal Service (Fiscal Service).
More...
Specifically, the amended posting
rules conform to the decision of the Fiscal Service to allow federal
agencies to originate and receive same-day entries beginning September
15, 2017. The policy statement revisions became effective September
15, 2017 (Federal Reserve Policy Statement on Payment System Risk
at 9-1000, Docket OP-1572) and were published in the Federal Register on October 6, 2017.Proposed Rules
On August 17, 2017, the Board published in the Federal Register a proposed new rating system for its supervision of large financial
institutions. To facilitate effective public comment, the Board has
determined that an extension of the public comment period until November
30, 2017, is appropriate. This action will allow interested persons
additional time to analyze the proposal and prepare their comments.
Comments on this notice of proposed rulemaking must be received by
November 30, 2017 (Docket R-1569).
In March 2017, the Board, the FDIC, and the
OCC submitted a report to Congress pursuant to the Economic Growth
and Regulatory Paperwork Reduction Act of 1996, in which they committed
to meaningfully reduce regulatory burden, especially on community
banking organizations. Consistent with that commitment, the agencies
are inviting public comment on a notice of proposed rulemaking that
would simplify compliance with certain aspects of the capital rule.
More...
A majority of the
proposed simplifications would apply solely to banking organizations
that are not subject to the advanced approaches capital rule. Specifically,
the agencies are proposing that non-advanced approaches banking organizations
apply a simpler regulatory capital treatment for: mortgage servicing
assets; certain deferred tax assets arising from temporary differences;
investments in the capital of unconsolidated financial institutions;
and capital issued by a consolidated subsidiary of a banking organization
and held by third parties (minority interest). More generally, the
proposal also includes revisions to the treatment of certain acquisition,
development, or construction exposures that are designed to address
comments regarding the current definition of high volatility commercial
real estate exposure under the capital rule’s standardized approach.
Under the standardized approach, the proposed revisions to the treatment
of acquisition, development, or construction exposures would not apply
to existing exposures that are outstanding or committed prior to any
final rule’s effective date.
In addition to the proposed simplifications,
the agencies also are proposing various additional clarifications
and technical amendments to the agencies’ capital rule, which would
apply to both non-advanced approaches banking organizations and advanced
approaches banking organizations. Comments on this notice of proposed
rulemaking must be received by December 26, 2017 (Docket R-1576).