July 2020Transmittal 473
Effective: 7/1/2020
Banks and Banking
Regulation H and Regulation
Q
In light of recent disruptions in economic
conditions caused by the coronavirus disease 2019 (COVID-19) and strains
in U.S. financial markets, the Board, the Federal Deposit Insurance
Corporation (FDIC), and the Office of the Comptroller of the Currency
(OCC) issued an interim final rule that temporarily revises the supplementary
leverage ratio calculation for depository institutions.
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Under the interim
final rule, any depository institution subsidiary of a U.S. global
systemically important bank holding company or any depository institution
subject to Category II or Category III capital standards may elect
to exclude temporarily U.S. Treasury securities and deposits at Federal
Reserve Banks from the supplementary leverage ratio denominator. Additionally,
under this interim final rule, any depository institution making this
election must request approval from its primary federal banking regulator
prior to making certain capital distributions so long as the exclusion
is in effect. The agencies adopted this interim final rule to allow
depository institutions that elect to opt into this treatment additional
flexibility to act as financial intermediaries during this period
of financial disruption. The tier 1 leverage ratio is not affected
by this interim final rule. The interim final rule is effective June
1, 2020 (Regulation H and Regulation Q, Docket R-1718), the same day it was published in the Federal
Register. Policy Statements
The Board, the FDIC, the National Credit Union Administration (NCUA),
and the OCC issued on June 1, 2020,
Interagency Policy Statement
on Allowances for Credit Losses, in response to changes in the
accounting for credit losses under U.S. generally accepted accounting
principles, as promulgated by the Financial Accounting Standards Board.
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The interagency
policy statement describes the measurement of expected credit losses
using the current expected credit losses (CECL) methodology and updates
concepts and practices detailed in existing supervisory guidance that
remain applicable. CECL is effective beginning in 2020 for most public
financial institutions, and in 2023 for all other institutions. For
institutions that have adopted CECL, this interagency policy statement
replaces the guidance in SR letter 06-17, Interagency Policy Statement
on the Allowance for Loan and Lease Losses (ALLL), and SR letter
01-17, Final Interagency Policy Statement on Allowance for Loan
and Lease Losses (ALLL) Methodologies and Documentation for Banks
and Savings Institutions (Guidance,
Allowance for Loan and Lease Losses at 3-1490).
The Board, the FDIC, the NCUA, and the OCC issued on May
20, 2020,
Interagency Lending Principles for Offering Responsible
Small-Dollar Loans, to encourage supervised banks, savings associations,
and credit unions to offer responsible small-dollar loans to customers
for both consumer and small-business purposes (
Guidance, Credit Availability at
3-1511.5).
The Board, the FDIC, the NCUA, and the OCC issued on May
11, 2020,
Interagency Guidance on Credit Risk Review Systems, which presents principles for establishing a system of independent,
ongoing credit risk review in accordance with safety and soundness
standards. The guidance replaces the “Loan Review Systems”
guidance, which is contained in Attachment 1 of the 2006
Interagency
Policy Statement on the Allowance for Loan and Lease Losses (at
3-1480), and is being issued as a standalone document.
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The guidance maintains the general
principles enumerated in Attachment 1 and is being finalized generally
as proposed, with enhanced language to reinforce the flexibility to
tailor the guidance to institutions of different sizes and clarify
the applicability of the guidance for retail portfolios (Guidance, Safety and Soundness at 3-1579.291). Holding and Nonbank Financial Companies
Regulation YY
The Board
adopted a final rule to amend the compliance dates related to single-counterparty
credit limits for bank holding companies and foreign banking organizations
(final SCCL rule).
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The final rule revises the final SCCL rule to modify the
initial compliance dates of January 1, 2020, for a foreign banking
organization that has the characteristics of a global systemically
important banking organization, and July 1, 2020, for any other foreign
banking organization subject to the final SCCL rule to July 1, 2021,
and January 1, 2022, respectively, regarding the SCCL applicable to
a foreign banking organization’s combined U.S. operations only.
The final rule is effective May 28, 2020 (Regulation YY, Docket R-1534), the same day it was published in the Federal
Register. Consumer and Community Affairs
CFPB’s Regulation C
The Consumer Financial Protection Bureau (CFPB) is amending Regulation
C to increase the threshold for reporting data about closed-end mortgage
loans, so that institutions originating fewer than 100 closed-end
mortgage loans in either of the two preceding calendar years will
not have to report such data effective July 1, 2020.
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The CFPB is also setting the
threshold for reporting data about open-end lines of credit at 200
open-end lines of credit effective January 1, 2022, upon the expiration
of the current temporary threshold of 500 open-end lines of credit.
The final rule is effective July 1, 2020 (Consumer Financial Protection
Bureau, Regulation C, Docket CFPB-2019-0021) and was published in the Federal Register on May 12, 2020. Payment System
Regulation CC
The Board and the CFPB jointly
issue regulations under sections 603(d)(1), 604, 605, and 609(a) of
the Expedited Funds Availability Act (EFA Act) (12 U.S.C. 4002(d)(1),
4003, 4004, 4008(a)) that are codified within Regulation CC (12 CFR
part 229).
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The agencies issued a final rule effective September 3, 2019, to
amend Regulation CC to implement a statutory requirement in the EFA
Act to adjust the dollar amounts under the EFA Act for inflation.
The agencies also amended Regulation CC to incorporate the Economic
Growth, Regulatory Relief, and Consumer Protection Act amendments
to the EFA Act, which include extending coverage to American Samoa,
the Commonwealth of the Northern Mariana Islands, and Guam, and making
certain other technical amendments. The final rule’s amendments
to sections 229.1, 229.10, 229.11, 229.12(d), 229.21, and appendix
E are effective July 1, 2020 (Regulation CC, Docket R-1637) and were published in the Federal Register on July 3, 2019.