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In March of 2022, the Adjustable Interest Rate (LIBOR) Act (the “LIBOR Act”) was signed into law. The purpose of the LIBOR Act was to provide a uniform federal solution for transitioning existing contracts based on the London Interbank Offered Rate (“LIBOR”) to an alternative replacement rate before June 30, 2023, at which point LIBOR will cease to be published. READ MORE
The London Interbank Offered Rate (“LIBOR”) has been the dominant interest rate benchmark around the globe for some time. Following the financial crisis of 2007-2009 and numerous LIBOR manipulation scandals, the U.K. Financial Conduct Authority (“FCA”), which regulates the administration of LIBOR, announced in 2017 that it would facilitate a transition away from LIBOR after 2021 and its publication would cease altogether after June 30, 2023. In response, the Office of the Comptroller of the Currency (the “OCC”), the Board of Governors of the Federal Reserve System (the “Board”), and the Federal Deposit Insurance Corporation (the “FDIC”) issued an interagency statement encouraging U.S. banking organizations to avoid entering into new LIBOR based contracts after December 31, 2021. READ MORE
The assault on banks and financial institutions by non-practicing entities or “patent trolls” continues. Two weeks ago, we discussed a number of patent infringement suits being filed by Auth Token. Now many of the same banks and financial institutions are being targeted in a new patent campaign, this time filed by Ward Participations B.V., based on their support of the mobile payment and digital wallet service, Samsung Pay. READ MORE
While banks and financial institutions have long been the subject of patent lawsuits, they have been increasingly targeted this year by a number of non-practicing entities. Non-practicing entities are those that acquire patents but do not actually practice the patented inventions. They are commonly referred to as “patent trolls.” In a recent spate of filings in early November, one such entity—Auth Token LLC—has continued its patent campaign against banks and financial institutions. READ MORE
The Electronic Fund Transfer Act (the “EFTA”) was enacted for the purpose of protecting consumers and limiting their liability when transferring funds electronically. The EFTA, as implemented by Regulation E, is administered by the Consumer Financial Protection Bureau (the “CFPB”), a U.S. government agency aimed at protecting consumers in the financial industry. Due to continuous developments in electronic banking capabilities and the COVID-19 pandemic, electronic fund transfers (“EFT”) have become an increasingly important means of transferring consumer funds. READ MORE
On May 14, 2020, South Carolina enacted the Workforce and Senior Affordable Housing Act (the “Act”), which created a state tax credit for owners of qualified low-income buildings (the “State Credit”). Significantly, the State Credit may be used to offset SC bank taxes, in addition to SC individual or corporate income taxes, corporate license fees, and insurance premium and retaliatory taxes. READ MORE
Since our March 2020 blog post, the Federal banking and credit union regulators have published revised guidance clarifying the relationship between the March 22, 2020 Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus and Section 4013 of the CARES Act. READ MORE
The Federal banking and credit union regulators and the Conference of State Bank Supervisors have published a statement discussing the appropriate accounting and reporting for COVID-19 related loan restructurings. It encourages banks to work with their customers to resolve pandemic-related issues, characterizing such workouts as “positive actions.” READ MORE
On October 10, 2019, California’s Attorney General released its long-awaited draft regulations explaining how the state intends to enforce the requirements of the California Consumer Privacy Act. The regulations leave much to the best judgment of businesses that will be doing their best to comply and are in response to questions raised during the comment-gathering process. READ MORE
The Office of the Comptroller of the Currency has proposed an initiative to allow certain types of non-bank entities to become national banks and gain the benefit of federal preemption to address a 50-state fintech regulatory burden, but faces challenges from state governments and court battles. READ MORE
California has again upped the ante on commercial lending compliance duties. The new California Commercial Financing Disclosures law requires nonbank lenders and intermediaries to provide special disclosures to commercial loan customers in connection with certain types of commercial finance arrangements. READ MORE
The Financial Crimes Enforcement Network (FinCEN) has issued a new ruling that exempts covered financial institutions from the requirement to collect beneficial ownership information on legal entity customers (such as corporations, limited liability companies and partnerships) in connection with specified rollovers, renewals, modifications and extensions of certain accounts. READ MORE
The Consumer Financial Protection Bureau (CFPB) has released its long-awaited final rule affecting when financial institutions need to send out annual privacy notices. And it could save significant time and money for regulated institutions. READ MORE
Part 3 is the final post of Bank Check's Dodd Frank rollback series. This post covers remaining provisions that could impact community banks, including exam cycles, customer identification requirements, new federal savings association powers and "brokered deposit" exemptions. READ MORE
Part 2 of Bank Check's analysis of the recent Economic Growth, Regulatory Relief, and Consumer Protection Act explores the provisions that could impact community banks with regard to residential mortgage lending activity, such as the safe harbor provision, real estate appraisals, HMDA disclosures, escrow requirements and SAFE licensing. READ MORE
In May 2018, the Economic Growth, Regulatory Relief, and Consumer Protection Act was signed into law. The law is being called a rollback of the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010, and it will ease the regulatory burdens on community banks. Learn more in this, the first in a series of articles analyzing the impact of the Dodd Frank rollback. READ MORE
Federal bank regulators issued a statement on April 10 alerting banks of risk management issues regarding cyber insurance coverage. The statement acknowledges the increasing number and sophistication of cyber incidents, such as data breaches, that make consideration and evaluation of cyber insurance protections worthwhile for banks of all sizes. READ MORE
The Financial Crimes Enforcement Network (FinCEN) issued a set of “frequently asked questions” (FAQs) on April 3, 2018, to provide guidance and clarifications for the new FinCEN beneficial ownership regulations (the “New Rule”), which will become effective May 11, 2018. READ MORE
Effective May 11, 2018, new Financial Crimes Enforcement Network regulations require that covered financial institutions, including banks, enhance their due diligence practices when opening new accounts for legal entity customers and amend their anti-money laundering program requirements related to collecting, monitoring, and maintaining this information. READ MORE
In addition to formal regulations, informal federal regulatory guidance has become commonplace in the world of banking law. However, the federal Government Accountability Office has recently issued two opinions that could impact this steady flow of informal bank regulatory guidance. READ MORE
Whether out of apprehension over a Walmart bank or a Google or Amazon bank, many community banks share a strong concern that commercial firms owning banks would be able to compete for community bank business on unfair terms. READ MORE
The new Missouri Family Trust Company Act allows families to establish their own family-owned and controlled private trust companies, which can hire banks and public trust companies to assist with investment and management functions. READ MORE
Certain states are now looking into solutions to address the heavy burden of this 50-state regulatory regime on state-chartered banks and state-licensed fintech companies. READ MORE
The primary concern of many community bankers with allowing nonbank commercial companies to own banks is the potential for the “anti-competitive effects and undesirable concentrations of economic power” referred to by the OCC, which apparently shares that concern. READ MORE
One of President Trump’s executive orders included a directive to “rationalize the Federal financial regulatory framework,” which could impact the country’s dual banking system and regulatory options for state-charted banks. READ MORE
State-chartered banks offering financial products via the Internet to out-of-state customers, either directly or through a nonbank fintech arrangement, should be careful to consider the potential compliance pitfalls of the applicable laws of the customer’s home state. READ MORE
The Trump Administration may be interested in the “repeal” of the Dodd Frank Act, but are there provisions the banking industry might want to retain - provisions that are actually considered to be beneficial to the banking industry? READ MORE
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