The federal banking agencies have published joint guidance for banks about risks posed by fintech companies and other third parties to deliver bank deposit products and services. The joint guidance issued on July 30...more
7/31/2024
/ Banking Acts ,
Banking Regulators ,
Banking Sector ,
Brokered Deposits ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Earned Wage Access ,
FDIC ,
Financial Institutions ,
FinTech ,
Mortgages ,
New Guidance ,
Popular ,
Property Valuation ,
Regulation Z ,
Risk Management ,
Truth in Lending Act (TILA)
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 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
The CFPB has published guidance about compliance with Regulation B, which implements the Equal Credit Opportunity Act (ECOA), when lenders deliver denial notices based on underwriting decisions using artificial intelligence...more
9/28/2023
/ Banking Sector ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Dodd-Frank ,
ECOA ,
FDIC ,
Financial Institutions ,
Mortgage Lenders ,
Mortgages ,
Nonbank Firms ,
Refinancing ,
Regulation B ,
Risk Mitigation
The Federal Reserve has announced that its FedNowSM Service, a new interbank settlement service with clearing functionality to support instant payments, went live on July 20 with 35 early-adopting banks and credit unions. The...more
7/31/2023
/ Bank Holding Company ,
Banking Sector ,
Basel III ,
Capital Requirements ,
Cyber Incident Reporting ,
Disclosure Requirements ,
Federal Reserve ,
Final Rules ,
Financial Institutions ,
Financial Services Industry ,
HMDA ,
Money Market Funds ,
Mortgage Lenders ,
Mortgages ,
Payment Systems ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Subsidiaries
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
FDIC and OCC Issue Guidance on Authorize Positive, Settle Negative Overdraft Fee Risks.
The FDIC and the OCC each have issued supervisory guidance on consumer compliance risk exposure related to the assessment of overdraft...more
4/28/2023
/ Banking Sector ,
Compliance ,
Consumer Financial Products ,
Deposit Insurance ,
FDIC ,
Financial Institutions ,
Financial Regulatory Agencies ,
Financial Services Industry ,
Libor ,
Mortgage Lenders ,
Mortgages ,
New Guidance ,
RESPA ,
Securities and Exchange Commission (SEC) ,
Securities Settlement Cycles ,
Silicon Valley ,
Supervisory Highlights ,
UDAAP
Federal Guidance Warns of Liquidity Risks Arising from Crypto-Asset-Related Deposits -
The federal banking agencies have issued joint guidance to banking organizations highlighting potentially heightened liquidity risks...more
2/28/2023
/ Banking Sector ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Cryptoassets ,
FDIC ,
Financial Regulatory Agencies ,
HMDA ,
Liquidity ,
Mergers ,
Mortgages ,
Proposed Rules ,
Regulation Z ,
RESPA ,
Safe Harbors ,
Truth in Lending Act (TILA)
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
CFPB Takes Steps to Avoid a Possible Wave of Home Mortgage Loan Foreclosures -
The CFPB has issued guidance to mortgage servicers, including banks that service mortgage loans for third-party noteholders, that the CFPB...more
4/29/2021
/ Banking Sector ,
Centers for Disease Control and Prevention (CDC) ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Eviction ,
Fannie Mae ,
FDCPA ,
FEMA ,
Financial Services Industry ,
Foreclosure ,
Freddie Mac ,
Guidance Update ,
Moratorium ,
Mortgage Servicers ,
Mortgages ,
National Flood Insurance Program ,
Paycheck Protection Program (PPP) ,
Proposed Rules ,
Qualified Mortgage Rule ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Stock Purchase Agreement ,
Tax Allocation Agreements
HUD, VA, and USDA Coordinate Extensions of COVID-19 Relief for Homeowners -
The U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Veterans Affairs (VA), and the U.S. Department of Agriculture...more
2/25/2021
/ Bank Secrecy Act ,
Banking Sector ,
Benchmarks ,
Call Reports ,
CARES Act ,
Coronavirus/COVID-19 ,
Current Expected Credit Losses (CECL) ,
Deposit Insurance ,
Disparate Impact ,
Fair Housing Act (FHA) ,
FDIC ,
FFIEC ,
Financial Institutions ,
FinCEN ,
Guidance Update ,
HUD ,
Libor ,
Mortgage Lenders ,
Mortgages ,
Paycheck Protection Program (PPP) ,
Public Health Emergency ,
Time Extensions ,
USDA ,
Veterans Administration
Updated Annual Meeting Guidance for Mutual Banks and Mutual Holding Companies -
The Massachusetts Division of Banks has issued new guidance to mutual banks and mutual holding companies that have not yet held their 2020...more
1/28/2021
/ Annual Meeting ,
Bank Holding Company ,
BSA/AML ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Data Breach ,
FDIC ,
Final Rules ,
Guidance Update ,
Mortgage Escrow Account ,
Mortgages ,
Notice Requirements ,
OCC ,
Supervisory Guidance ,
Suspicious Activity Reports (SARs)
Federal Reserve Revises Framework for Determining Control of a Banking Organization
The Federal Reserve has adopted a final rule to simplify and clarify its regulations for determining control of a banking organization for...more
2/27/2020
/ Bank Holding Company Act ,
Banking Sector ,
CFTC ,
Comment Period ,
Community Reinvestment Act ,
Fannie Mae ,
FDCPA ,
FDIC ,
Federal Reserve ,
FFIEC ,
FHFA ,
Financial Institutions ,
Freddie Mac ,
Ginnie Mae ,
HMDA ,
Mortgage Lenders ,
Mortgages ,
NPRM ,
OCC ,
Securities and Exchange Commission (SEC) ,
Time-Barred Debt ,
Volcker Rule
OCC and FDIC Propose Interest Rate Fix for Loans Transferred to Non-Banks -
The FDIC and OCC have separately proposed rules that would codify the “valid-when-made” doctrine and clarify that when a bank sells, assigns, or...more
11/26/2019
/ Appraisal ,
Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
EGRRCPA ,
FDIC ,
Federal Reserve ,
Final Rules ,
HVCRE Loans ,
Interest Rates ,
IRS ,
Mortgages ,
OCC ,
Regulation Z ,
SAFE Act ,
Tax Cuts and Jobs Act ,
Truth in Lending Act (TILA) ,
Valid When Made Doctrine
Federal Banking Agencies Expand Eligibility to Use Streamlined Call Reports -
The federal banking agencies have adopted a final rule to reduce regulatory reporting requirements for certain banks with total assets of less...more
6/27/2019
/ Best Interest Standard ,
Broker-Dealer ,
Call Reports ,
Community Banks ,
Disclosure Requirements ,
EGRRCPA ,
FDIC ,
FFIEC ,
Final Rules ,
Financial Institutions ,
Liquidity Coverage Ratio ,
Mortgage Lenders ,
Mortgages ,
Municipal Bonds ,
Municipalities ,
New Guidance ,
OCC ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
New Data Breach Law Requires Free Credit Monitoring for Massachusetts Consumers -
Recent amendments to the Massachusetts data security breach law will require any person – including, in relevant part, any bank or any bank...more
1/31/2019
/ Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Monitoring ,
Data Breach ,
Enforcement ,
Government Shutdown ,
Marijuana ,
Marijuana Related Businesses ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
RESPA
Bipartisan Regulatory Relief Bill for Smaller Financial Institutions Introduced in Senate
Bipartisan legislation has been introduced in the U.S. Senate, aimed at reducing regulatory burden on community banks, providing new...more
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
CFPB Arbitration Rule Will Prevent Firms From Blocking Class Action Lawsuits -
The CFPB has approved a new rule that will prohibit banks and other covered providers of certain consumer financial products and services from...more
7/31/2017
/ Administrative Appeals ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Financial Contracts ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Fair Labor Standards Act (FLSA) ,
FDIC ,
Federal Reserve ,
Final Rules ,
Financial Services Industry ,
HMDA ,
Mortgage Lenders ,
Mortgages ,
Split of Authority ,
Underwriting ,
Wage and Hour
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