Compliance Update - June 24, 2022
UCC Article 12 - Security Interests in Digital Assets
FDIC Deposit Insurance Assessment Increase
The NBA will be submitting a comment letter in response to the FDIC's proposal to aggressively raise deposit insurance assessment rates.
The FDIC proposes to increase initial base deposit insurance assessment rates by two basis points - i.e., so that the assessment rate would be two basis points for every bank. The change would take effect for the first quarter of 2023 (payable in June 2023) and remain until the Deposit Insurance Fund reaches the Designated Reserve Ratio.
Comments on the plan are due Aug. 20.
Read the Proposal
ABA, Trade Groups: CFPB Exceeds Authority with Exam Manual Update
In a joint white paper issued on June 28, the American Bankers Association (ABA), the Consumer Bankers Association, the Independent Community Bankers of America and the U.S. Chamber of Commerce detailed why the CFPB’s recent “update” to its UDAAP exam manual and its announcement that it would begin examining financial institutions for alleged discriminatory conduct using “unfairness” exceeds the Bureau’s legal authority.
The groups urged CFPB to rescind the new examination manual and explained why the Bureau’s unfair, deceptive and abusive acts or practices, or UDAAP, authority cannot be used to extend the fair lending laws beyond the bounds carefully set by Congress.
Read the White Paper
CSBS Appoints Cooper as President and CEO
James Cooper has been named president and CEO of the Conference of State Bank Supervisors (CSBS). Cooper, a nine-year veteran of the organization, served as acting president and CEO following the passing of John Ryan on May 16.
Learn More
ABA, State Associations to Agencies: Protect Banks’ Freedom to Make Business Decisions
As environmental, social and governance (or ESG) guidance and disclosures from regulators proliferate, banks must remain free to lend to, invest in and do business without government interference, the ABA and the 51 state bankers associations wrote in a recent letter to financial regulators. The associations noted that disclosures, standards and guidance related to environmental, social responsibility and governance factors are “often cast as flexible, non-binding or targeted to certain segments of the market, while allowing for long transitions. In reality, the individual and cumulative effects of these agency actions have the potential to be acute, widespread and anything but neutral.”
Read the Letter
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