The CFPB has approved a final rule that requires banks and certain other financial services providers to share a consumer’s personal financial data with another provider at the consumer’s request. The CFPB’s Personal...more
10/31/2024
/ Automotive Loans ,
Banks ,
Commercial Loans ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Deposit Insurance ,
Depository Institutions ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
Loan Servicer ,
New Guidance ,
OCC ,
Open Banking ,
Personal Data
The FDIC, OCC, and U.S. Department of Justice (DOJ) have coordinated the release of new policies that will govern each agency’s consideration of bank merger transactions. The FDIC and OCC each published final statements of...more
9/30/2024
/ Bank Accounts ,
Bank Merger Act ,
Banking Sector ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Deposit Accounts ,
Electronic Fund Transfer Act ,
FDIC ,
Federal Reserve ,
FFIEC ,
Financial Institutions ,
Information Technology ,
International Remittance Transfers ,
Mergers ,
OCC ,
Overdraft Fees ,
Proposed Rules ,
Public Comment ,
Recordkeeping Requirements ,
Regulation E
CFPB Issues Filing Instructions Guide for Small Business Lending Data -
The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be...more
9/3/2024
/ Advisory Opinions ,
Banking Sector ,
Banks ,
Consumer Contracts ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Cybersecurity ,
Data Collection ,
Dodd-Frank ,
Excessive Fees ,
FDIC ,
Fees ,
FFIEC ,
Financial Institutions ,
Financial Regulatory Agencies ,
Financial Services Industry ,
Hidden Fees ,
NIST ,
Predatory Lending ,
Proposed Rules ,
Regulatory Standards ,
Small Business ,
Solar Panels ,
Tax Credits
The CFPB, as part of its initiative to accelerate the shift to open banking in the United States, issued a final rule on June 5 that outlines the qualifications to become a recognized industry standard setting body, which can...more
6/28/2024
/ Automated Systems ,
Banking Sector ,
Banks ,
Compliance ,
Consumer Contracts ,
Consumer Financial Protection Bureau (CFPB) ,
Deposit Insurance ,
FDIC ,
FFIEC ,
Final Rules ,
HMDA ,
Mortgage Loan Originators ,
Mortgages ,
Open Banking ,
Property Valuation ,
Regulation C ,
Reporting Requirements ,
Residential Real Estate Market ,
Small Business ,
Small Business Loans ,
State Charters ,
Unenforceable Contract Terms
Headlines 1. Supreme Court Upholds the Constitutionality of the CFPB’s Funding Structure The Supreme Court has ruled that the statutory authorization that allows the CFPB to draw funds from the earnings of the Federal Reserve...more
5/31/2024
/ Banking Sector ,
Banks ,
Buy Now Pay Later (BNPL) ,
Closing Costs ,
Community Reinvestment Act ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Fair Credit Reporting Act (FCRA) ,
FDIC ,
Fees ,
Financial Institutions ,
Financial Services Industry ,
Incentive Compensation ,
Mortgages ,
Natural Disasters ,
Relief Measures ,
Third-Party Risk ,
Truth in Lending Act (TILA)
The SEC has issued a controversial 886-page final rule imposing climate-related disclosure requirements on publicly traded companies, including banking organizations, which will require them to include certain climate-related...more
3/29/2024
/ Banking Regulators ,
Banking Sector ,
Banks ,
Climate Change ,
Community Reinvestment Act ,
Compliance ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Disclosure Requirements ,
FDIC ,
Late Fees ,
Mergers ,
Proposed Amendments ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Statutory Violations ,
Truth in Lending Act (TILA)
The U.S. Department of Justice (DOJ) and state authorities have agreed to a consent order with a large national bank to resolve allegations that the bank engaged in a pattern or practice of lending discrimination by affecting...more
2/29/2024
/ Banking Sector ,
Banks ,
Beneficial Owner ,
Bias ,
Class Action ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Depository Institutions ,
Due Diligence ,
EGRPRA ,
Enforcement Actions ,
Fees ,
FFIEC ,
Financial Services Industry ,
FinCEN ,
Mortgage Lenders ,
Mortgages ,
New Guidance ,
Overdraft Fees ,
Race Discrimination ,
Redlining ,
Regulatory Burden ,
Risk Management ,
Third-Party Risk
A recent OCC report identified key issues facing the federal banking system, including increasing credit risk due to higher interest rates, increasing risk in commercial real estate lending, prolonged inflation, declining...more
12/29/2023
/ Advertising ,
Bank Secrecy Act ,
Banking Sector ,
Banks ,
Beneficial Owner ,
BSA/AML ,
Buy Now Pay Later (BNPL) ,
Commercial Real Estate Contracts ,
FDIC ,
Fees ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
FinCEN ,
Information Reports ,
OCC ,
Proposed Rules ,
Real Estate Investments ,
Risk Management ,
Signs ,
Suspicious Activity Reports (SARs)
Headlines 1. Recent Bank Failures The FDIC has issued a final rule that will impose special assessments to recover the loss to the Deposit Insurance Fund (Fund) arising from the systemic risk determination announced on March...more
11/30/2023
/ Banking Crisis ,
Banking Sector ,
Banks ,
Commercial Loans ,
Enforcement Actions ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
New Guidance ,
Special Assessments ,
Truth in Lending Act (TILA) ,
U.S. Treasury
The federal banking agencies have published new guidance to help banking organizations manage risks associated with third-party relationships, including relationships with financial technology (fintech) companies. The new...more
6/30/2023
/ Banking Regulators ,
Banking Sector ,
Banks ,
Collateral ,
Commercial Loans ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
Mortgages ,
NCUA ,
New Guidance ,
OCC ,
Property Valuation ,
Risk Assessment ,
Third-Party Risk
President Recommends Regulatory Reforms to Address Recent Bank Failures -
President Biden has issued a statement urging the federal banking agencies to adopt regulatory reforms that are meant to reduce the risk of future...more
4/3/2023
/ Banking Sector ,
Banks ,
Biden Administration ,
Commercial Loans ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptoassets ,
Depository Institutions ,
Electronic Payment Transactions ,
Federal Loans ,
Federal Reserve ,
Financial Regulatory Reform ,
Insolvency ,
Liquidity ,
Loan Servicer ,
Relief Measures ,
Silicon Valley ,
Student Loans ,
Truth in Lending Act (TILA) ,
U.S. Treasury
What happened to SVB? On Friday, March 10, 2023, before 9:00 a.m., Pacific Time, SVB’s chartering authority, the California Department of Financial Protection and Innovation (DFPI), announced that the DFPI had taken control...more
Federal Reserve Policy Aims to Level the Playing Field for Insured and Uninsured Banks:
The Federal Reserve has issued a policy statement clarifying that uninsured state member banks will be subject to the same limitations...more
1/31/2023
/ Banking Regulators ,
Banking Sector ,
Banks ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptoassets ,
Fair Housing Act (FHA) ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
Marketing ,
New Guidance ,
Proposed Rules ,
Stock Options
Headlines -
..New FDIC Guidance Highlights Risks from Multiple NSF Fees for Re-presented Items
..Fed Provides Advice to Banks Engaging in Crypto-Asset-Related Activities
..Federal Banking Agencies Propose Policy...more
8/31/2022
/ Banking Sector ,
Banks ,
Commercial Loans ,
Credit Cards ,
Cryptoassets ,
Data Security ,
FDIC ,
Financial Institutions ,
Loan Servicer ,
Overdraft Fees ,
UDAAP
CFPB Announces Intention to Expand Enforcement Against Unfair Discrimination -
The CFPB has published an updated examination manual for evaluating unfair, deceptive, and abusive acts and practices (“UDAAPs”), which explains...more
3/31/2022
/ Bank Holding Company Act ,
Bank Merger Act ,
Bank Secrecy Act ,
Banking Sector ,
Banks ,
Climate Change ,
Consumer Financial Protection Bureau (CFPB) ,
Cyber Incident Reporting ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Priorities ,
FDIC ,
Public Comment ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs) ,
UDAAP
Federal Reserve Considers Merits of Creating a U.S. Dollar Digital Currency
The Federal Reserve has published a discussion paper that examines the pros and cons associated with the creation of a U.S. central bank digital...more
1/28/2022
/ Banking Examinations ,
Banks ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Deposit Insurance ,
Depository Institutions ,
Digital Currency ,
FDIC ,
Federal Reserve ,
Federal Savings Associations ,
Fees ,
FFIEC ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Public Comment ,
Transaction Fees
Federal Banking Agencies Publish Policy Road Map for Crypto-Asset Activities -
The federal banking agencies have issued a joint statement summarizing their interagency “policy sprints” focused on crypto-asset activities...more
11/30/2021
/ Banking Sector ,
Banks ,
Biden Administration ,
CARES Act ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Cybersecurity ,
FDIC ,
Forbearance Agreements ,
Investment Funds ,
Mortgage Servicers ,
Mortgages ,
Notice Requirements ,
OCC ,
Prudential Regulation Authority (PRA) ,
Regulation X ,
Stablecoins ,
Venture Capital ,
Volcker Rule ,
Working Groups
The Massachusetts Division of Banks has issued guidance to Massachusetts-chartered mutual savings banks, mutual co-operative banks, and mutual holding companies on postponement of their annual meetings and alternative...more
The Massachusetts Division of Banks has issued guidance that grants immediate supervisory relief to Massachusetts-chartered banks from statutory lending limits on loans to one borrower for loans made pursuant to the U.S....more
The FFIEC recently issued updated guidance on actions that banks should take to minimize the potential adverse effects of a pandemic. The Interagency Statement on Pandemic Planning (“Interagency Statement”) released on March...more
3/16/2020
/ Banking Sector ,
Banks ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Cybersecurity ,
Emergency Management Plans ,
Emergency Response ,
Employer Responsibilities ,
Financial Institutions ,
Interagency Guidance ,
Internal Communications ,
Public Communications ,
Public Health ,
Workplace Safety
FDIC and OCC Propose CRA Modernization Rule with Opt-Out for Small Banks
The FDIC and the OCC have jointly proposed amendments to modernize the agencies’ Community Reinvestment Act (“CRA”) regulations, which are intended...more
12/23/2019
/ Agricultural Sector ,
Bank Deposits ,
Bank Secrecy Act ,
Banks ,
Broker-Dealer ,
Brokered Deposits ,
Community Reinvestment Act ,
FDIC ,
FinCEN ,
FinTech ,
Hemp ,
Hemp Related Businesses ,
Marijuana ,
Marijuana Related Businesses ,
NCUA ,
Nonbank Firms ,
OCC ,
Opt-Outs ,
Pending Legislation ,
Proposed Amendments ,
Regulatory Standards ,
Small Banks ,
State Securities Regulators ,
Suspicious Activity Reports (SARs) ,
Underwriting ,
USDA
FDIC Approves 3-Year Phase-In for Adverse Effects on Capital from CECL -
The FDIC has approved a final rule that will provide banks with the option to phase in over a three-year period the day-one adverse effects on...more
12/21/2018
/ Banking Examinations ,
Banking Sector ,
Banks ,
BSA/AML ,
Community Banks ,
EGRRCPA ,
FDIC ,
Federal Deposit Insurance Act ,
Final Rules ,
FinCEN ,
Volcker Rule
Federal Reserve Issues Proposed Guidance on Board Duties and Responsibilities -
The Federal Reserve has issued proposed supervisory guidance on the duties of boards of directors of institutions supervised by the Federal...more
The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group.
Headlines -
1. Interagency Guidance Recommends Banks Review CRE Risk Management Strategies
2. Federal Reserve...more
The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group.
Headlines -
1. DOB Revises Guidance on Branch and Main Office Notices and Applications -
2. FDIC Updates...more
11/30/2015
/ Banks ,
Brokered Deposits ,
Condominiums ,
Cybersecurity ,
FASB ,
FDIC ,
Federal Housing Administration (FHA) ,
FFIEC ,
Loans ,
Mortgages ,
Risk Management