On April 3, 2018, the Department of Treasury released recommendations to “modernize” the Community Reinvestment Act of 1977 (“CRA”). Treasury’s recommendations include:...more
In a recent interview, Comptroller of the Currency Joseph Otting, announced the OCC’s plan to “clarify” its support of bank-offered deposit advance products. “Deposit advance products” are typically defined as small-dollar,...more
4/2/2018
/ Banking Sector ,
Banks ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Deposit Advances ,
Direct Deposit ,
Loans ,
OCC ,
Payday Lending Rule ,
Payday Loans ,
Rescission
According to the Federal Deposit Insurance Corporation (“FDIC”), from 2000 to 2008 there were 1,042 de novo community banks newly chartered in the United States. From 2011-2017, the FDIC received only 30 de novo applications...more
In November 2016, with the election results confirmed, the banking industry was awash in hopes for a more lenient regulatory posture. To date, the industry has seen no reform. However, on March 14, 2018, the Senate passed and...more
3/19/2018
/ Bank Holding Company ,
Banking Sector ,
Banks ,
Community Banks ,
Community Reinvestment Act ,
Consumer Protection Act ,
Disclosure Requirements ,
Federal Deposit Insurance Act ,
Federal Savings Associations ,
Financial Institutions ,
HMDA ,
HVCRE ,
HVCRE Loans ,
Mortgages ,
Policy Statement ,
Prudential Standards ,
Regulatory Agenda ,
Rulemaking Process ,
Volcker Rule
On January 23, 2018, Mick Mulvaney, Acting Director of the Consumer Financial Protection Bureau (the “CFPB”), published an opinion editorial in The Wall Street Journal (the “Op-Ed”) describing his vision of the CFPB’s role in...more
2/21/2018
/ Adjudicatory Process ,
Call for Evidence ,
Civil Investigation Demand ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Act ,
Cost-Benefit Analysis ,
Dodd-Frank ,
Enforcement Actions ,
Financial Institutions ,
Financial Services Industry ,
HMDA ,
Payday Lending Rule ,
Request For Information ,
Rulemaking Process ,
UDAAP ,
Wall Street Journal
On January 17, 2018, the Consumer Financial Protection Bureau (the “CFPB”) announced that it will issue a call for “evidence” to ensure the CFPB is “fulfilling its proper and appropriate functions to best protect consumers.”...more
The Wall Street Journal recently reported that the management component of the CAMELS rating for Wells Fargo Bank, NA had been downgraded to a “3” during 2017. A “3” rating of management means that the capabilities of...more
1/17/2018
/ Banking Examinations ,
Banking Sector ,
Banks ,
Board of Directors ,
Confidential Information ,
FOIA ,
Leaked Information ,
Managers ,
Ratings ,
Wall Street Journal ,
Wells Fargo
The Community Reinvestment Act (CRA) was enacted in 1977 to prevent redlining and to encourage banks and savings associations (collectively, banks) to help meet the credit needs of all segments of their communities, including...more
On December 21, 2017, under the direction of Acting Director Mick Mulvaney, the Consumer Financial Protection Bureau (the “CFPB”) announced that it intends to reopen the rulemaking process to reconsider various aspects of the...more
On October 27, 2017, the Office of the Comptroller of the Currency (OCC) issued a full-service national bank charter since the financial crisis to Winter Park National Bank. Winter Park National Bank is the first de novo...more
On October 12, 2017, the OCC issued OCC Bulletin 2017-40 announcing the release of its Policies and Procedures Manual 5000-43 (PPM 5000-43), which outlines the OCC’s policy and framework for how the agency determines...more
On October 5, 2017, the Consumer Financial Protection Bureau (“CFPB”) released its nearly 1,700-page final rule for short-term loans (“Payday Lending Rule”). Notably, almost simultaneously with the CFPB’s announced Payday...more
On September 14, 2017, the Consumer Financial Protection Bureau (the “CFPB”) issued its first no-action letter (the “No-Action Letter”) concerning the operations of Upstart Network, Inc. (“Upstart”), a FinTech lender that...more
Here are our observations on the 2018 OCC Bank Supervision Operating Plan:
– Cybersecurity is a top priority.
– Credit underwriting, as always.
– BSA is frequently mentioned...more
On March 15, 2017, the Office of the Comptroller of the Currency (the “OCC”) published for comment a draft supplement to the OCC’s existing Comptroller’s Licensing Manual providing detail on how the OCC will evaluate national...more
9/28/2017
/ Applications ,
Banking Sector ,
Business Plans ,
Capital Requirements ,
Corporate Strategy ,
Filing Requirements ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Internal Controls ,
OCC ,
Recordkeeping Requirements ,
Risk Assessment ,
Special Purpose National Bank Charter
On August 22, 2017, the Office of the Comptroller of the Currency (the “OCC”), the Federal Deposit Insurance Corporation (the “FDIC”) and the Board of Governors of the Federal Reserve System (the “FRB”) (the OCC, FDIC and FRB...more
8/28/2017
/ Basel III ,
Capital Requirements ,
Community Banks ,
Dodd-Frank ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Mortgage Servicers ,
OCC ,
Proposed Regulation ,
Regulatory Freeze ,
Tax Deferral
On July 10, 2017, the Consumer Financial Protection Bureau (the “CFPB”) finalized its proposed arbitration rule that will prohibit providers of certain consumer financial products and services from requiring a consumer to...more
7/13/2017
/ Arbitration ,
Banks ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
FinTech ,
Mandatory Arbitration Clauses ,
Mortgage Lenders ,
OCC ,
Pre-Dispute Arbitration ,
Trump Administration