Regulatory Compliance Update

Similar documents
Bank Secrecy Act Errors & Exceptions: How Does Your Credit Union Compare?

Fair Lending Internal Audits

LENDING (LEND) Division

Important Compliance Dates December 2017

Important Compliance Dates as of April 2018

The Compliance Challenges of Credit Union Collections. Collections and Compliance?

Bank Secrecy Act and OFAC Compliance Board of Directors Training

ABA Frontline Compliance Course Descriptions

6/21/2013. Section I. Purpose of Course. History and Overview of Mortgage Law, Regulation and Requirements

Regulatory Compliance Update. Hoi Luk, Senior Manager, Financial Services Consulting

Definitions AML/BSA Risks Assess Your Risks Identify the Risks Mitigate the Risks Scenario Questions?

Bank Secrecy Act. CUNA Must Know Mondays. November 17, 2014

by: Stephen King, JD, AMLP

Register. Regulatory Compliance. Regulatory Compliance. Lending Compliance

Military Lending Act Amendments Effective: 10/03/ Loans and Open-end lines

Short-Term, Small-Dollar Lending

2017 WEBINAR SCHEDULE Affordable training, when and where you choose

Sanctions Risk Management Symposium

EMERGING CONSUMER RISKS FOR COMMUNITY BANKS

ABA Compliance School Foundational

Regulatory Update NAFCU Webcast

BSA/AML & OFAC Volunteer Compliance Training. Agenda

CU PolicyPro POLICY UPDATE HISTORY

NCCO Exam Study Guide

ABA Compliance School - Intermediate

SAMPLE. 1 Bank Secrecy Act / Anti-Money Laundering. 2 E-Sign Act / Electronic Funds Transfer Act

BSA/AML Hot Topics and UIGEA Daniel Hastings Financial Institution Examiner - FDIC

ANTI-MONEY LAUNDERING IN

COMPLIANCE MANAGEMENT: THE ART OF BOARD REPORTING

Trendspotting the CFPB: What s Coming and How Institutions Can Prepare

CUSTOMER DUE DILIGENC

Mortgage Regulation Update

REQUIRED ATTACHMENTS Please provide the following documents with this completed Annual Recertification

Sonia Lee Director of Affiliate Financial Services HFH International

Preparing for Your BSA Compliance Exams. Ted Dreyer, Senior Attorney Wolters Kluwer

BSA Regulatory Discussion on Emerging Issues. Salt Lake City ACAMS Chapter Meeting June 21, 2018

Operational Impacts of the Economic Growth, Regulatory Relief, & Consumer Protection Act (S.2155)

MORTGAGE REFORM UNDER THE DODD FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT

RKL Regulatory Compliance Report for Financial Institutions

CU PolicyPro Policy Guidance. March 2018

The Commercial Real Estate Lending Decision Process Series (RMA)

CFPB National Servicing Standards, Are Servicers Ready?

CFPB Laws and Regulations

Military Lending Act: How LOANLINER Document Solutions Can Help

Military Lending Act. Presented by Kris McIsaac

LENDING: KEY EXAMINER TRENDS

Name: Brian Short, Kim Miller, Mike Simmons, Jim Tew Qualifications: Past TNAMP Instructors, all with over 20 years in the industry

Welcome to the Military Lending Act Roundtable

CU PolicyPro Alphabetical Policy Listing

An Overview of FinCEN s Customer Due Diligence Rule

With so much change, be sure to stay up to date!

ANTI-MONEY LAUNDERING FOR LENDERS

CITIZENS, INC. BANK SECRECY ACT/ ANTI-MONEY LAUNDERING POLICY AND PROGRAM

Examination Procedures

IAM SURE MOST OF YOU HAVE BEEN ON A ROLLER COASTER at

Notice on Defense Department s New Rules for Consumer Loans to Service Members

Kevin Patterson Partner

Regulatory and Enforcement Trends

Bank Secrecy Act (BSA)/Anti-Money Laundering (AML) Employee & Agent Training

Bank Secrecy Act & Anti-Money Laundering for Directors. Mike Lee Director of Regulatory Advocacy

2019 Regulatory Compliance School Louisville ~ March 4-8, 2019

Hosted By Mike Gallagher October 2017

How to Ace Your BSA Exam & Risk Assessment

PowerPoint Presentation INCLUDING COMPLIANCE IN THE BANK S RISK PROGRAM

How to Use This Service

Policy or Policies. Commercial, Lending policy. Consumer, Business Loans Originations & Servicing. Loan origination. Lending policy.

Identify and Monitor High- Risk and Money Service Businesses Accounts. Presented by Lynn English Lafayette Federal Credit Union

FEDERAL DEPOSIT INSURANCE CORPORATION WASHINGTON, D.C. ) ) ) ) ) ) ) ) ) )

RE: Customer Due Diligence Requirements for Financial Institutions, Docket No. FINCEN

REAL ESTATE SETTLEMENT PROCEDURES ACT ( RESPA ) POLICY

FinCEN Proposes to Expand Financial Institution Customer Due Diligence Requirements

The Current Regulatory Environment and the Regulatory Compliance Module Update. Cynthia Boehmer, JD January 13, 2016

Regulatory Notice 17-40

Mortgage Loan Originator SAFE TN Comprehensive Course Mortgage Loan Originator Prelicensing / National Topics 20-Hour Course Syllabus

Temenos USA, Inc All rights reserved.

Payday Lending Provision 2007 Defense Authorization Bill

SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is issuing its seventeenth

for Boards 2015 Spring Leadership Development Conference

S Analysis of Regulatory Relief for Credit Union

Anti-Money Laundering. How to set up a strong Compliance Program

Introduction. Background on Money Laundering. Background on Terrorist financing. Bank Secrecy Act (Regulations)

CFPB Supervision and Examination Process

Trans-Fast Remittance LLC. AML Compliance Training for Agents

2/4/2014. Consumer Financial Protection Bureau Update A New Era of Regulation Begins. A Quick Overview of the CFPB. CFPB Overview (cont.

Loan Growth and Compliance Pitfalls

Federal Bank Secrecy Act / Anti-Money Laundering (BSA/AML) Oversight

Audit Planning PRESENTED BY: MICHAEL L. FORTMAN, CPA SENIOR MANAGER BROK A. LAHRMAN, CPA SENIOR MANAGER

Lending to Military Members: The Servicemembers Civil Relief Act and Military Lending Act Final Rule

Compliance Town Hall Getting Ready for Release

FINCEN GUIDANCE. Under 31 CFR , an MSB s AML program must, at a minimum:

Point of view. Analyzing Strategic Regulatory Policy Shifts. Americas FS Regulatory Center of Excellence

NOTICE: THIS IS ONLY A SAMPLE. DO NOT USE THIS DOCUMENT WITHOUT FIRST CONSULTING WITH LEGAL COUNSEL.

Compliance Perspectives

June 6, Introduction

Consumer Regulatory Changes

S DODD-FRANK ACT REVISIONS REGULATORY RELIEF

Consumer Compliance Hot Topics

TRID RULE UPDATES AND THE BLACK HOLE CONUNDRUM JONATHAN FOXX *

Mortgage Procedures and Regulations (MPAR) Mortgage Origination Equal Credit Opportunity Act (ECOA) Phase

MORTGAGE BANKERS ASSOCIATION OF ALABAMA

Transcription:

Regulatory Compliance Update ACUIA Region 6 Conference Presented By: Kristie Kenney Hoover, NCCO Internal Audit Manager, Doeren Mayhew Florida Michigan North Carolina Texas Insight. Oversight. Foresight.

Discussion Areas Workshop objectives The recent focus on regulatory compliance The many areas of compliance and recent changes affecting credit unions Open forum

Workshop Objectives Gain an understanding of: BSA/AML and Final CDD Rule Unfair, Deceptive, Abusive Acts and Practices ACH Same-Day Processing Rules New Mortgage Servicing Rule Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure Rule (reminders) HMDA Final Rule Military Lending Act How compliance with these requirements is also an important part of managing risk within the credit union Open participation

Recent Focus on Regulatory Compliance

Focus on Regulatory Compliance Why do the regulators have their eyes on this area? What is the public perception of the many regulations? What are the risks of non-compliance? What does regulatory compliance cost?

The Many Areas of Compliance

BSA/AML Compliance Bank Secrecy Act (BSA) was enacted in 1970 and helps to safeguard financial institutions from the abuses of financial crimes including money laundering, terrorist financing and other illegal transactions. The Patriot Act of 2001 strengthened Anti-Money Laundering (AML) laws, criminalizing terrorist financing and increasing the civil and criminal penalties for money laundering. The Act also augmented the BSA framework by requiring stronger member identification and due diligence procedures.

BSA/AML Compliance A written BSA/AML compliance program must be approved by the Board and should be developed using the BSA/AML risk assessment completed by management. The written program must include internal controls, provide for independent testing, designate a BSA officer and address training. The credit union s BSA/AML compliance program must also implement a Customer Identification Program (CIP). The CIP should enable the credit union to form a reasonable belief that it knows the true identity of each member.

BSA/AML Compliance FinCEN finalized Customer Due Diligence (CDD) Rule on May 11, 2016 and implementation is required May 11, 2018. Credit unions already required to conduct CDD as part of internal controls; however, rule clarifies existing CDD expectations.

BSA/AML Compliance Final CDD Rule is made up of four explicit requirements including: 1. Identifying and verifying the identity of members. 2. Identifying and verifying the identity of beneficial owners and legal entity members. 3. Understanding the nature and purpose of member relationships. 4. Conducting ongoing monitoring to maintain and update member information and to identify and report suspicious transactions.

BSA/AML Compliance Final CDD Rule (continued): Beneficial Ownership Form (Appendix A to 1010.230) must be completed by the person opening a new account (not limited to share level accounts) on behalf of a legal entity. Institutions can use their own forms. Credit unions should obtain beneficial ownership information for existing members when, in the course of normal monitoring, the financial institution detects information relevant to assessing or reevaluating the risk associated with that member.

BSA/AML Compliance BSA/AML Software Validation Recommended to be performed to verify that software is working effectively/efficiently and transaction data from the core system is being accurately mapped/uploaded to the AML software. Limited guidance on required frequency in FFIEC BSA/AML Manual. NCUA has been including lack of performance/completion in recent Exams.

Unfair, Deceptive, Abusive Acts and Practices UDAAP - In accordance with 12 U.S. Code Section 5536(a), it shall be unlawful for: (1) any covered person or service provider: (A) to offer or provide to a consumer any financial product or service not in conformity with Federal consumer financial law, or otherwise commit any act or omission in violation of a Federal consumer financial law; or (B) to engage in any unfair, deceptive, or abusive act or practice.

Unfair, Deceptive, Abusive Acts and Practices UDAAP implementation: No CFPB regulations to date specifically under UDAAP. CFPB s enforcement of UDAAP has been through enforcement actions. A specific number of consumers does not need to be affected or sustain any specific amount of damages to require CFPB enforcement.

Unfair, Deceptive, Abusive Acts and Practices Areas for UDAAP concern: Payday loans. Student loans. Overdraft protection (i.e. Courtesy Pay). Mortgage loan servicing. Ancillary loan products (debit and ID theft protection, service contracts). Vehicle loans (i.e. dealer rate mark ups)

ACH Same-Day Rules ACH transactions are governed by the National Automated Clearing House Association (NACHA) Operating Rules, which provide the legal foundation for the exchange of ACH payments. To be a participant in the ACH network, an annual audit of compliance with the NACHA Operating Rules must be completed annually by Dec. 31st. A three-phased implementation effort to provide for a faster ACH processing environment began in Sept. 2016. It is known as same day processing.

ACH Same-Day Rules ACH Same-Day Rules Transactions above $25,000 and international ACH transactions are not eligible. Phase 1 (effective Sept. 23, 2016): Same day credit entries must be made available by the end of the credit union s processing day.

ACH Same-Day Rules ACH Same-Day Rules (continued) Phase 2 (effective Sept. 23, 2017): Same day debit entries must also be made available by the same deadline effective for same day credit entries. Phase 3 (effective Mar. 16, 2018): For the second processing window, same day credit and debit entries must be made available by 5 p.m. Same Day Fees: Fee of approximately 5.2 cents for each same day entry accepted, which is paid to the RDFI from the ODFI.

Lending Compliance 2016 Mortgage Servicing Rule Truth in Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure Rule Home Mortgage Disclosure Act (HMDA) Military Lending Act

Lending Compliance In August 2016, CFPB published a final rule that amended certain mortgage servicing rules. It is known as the 2016 Mortgage Servicing Rule. Most provisions are effective October 19, 2017. Provisions related to successors in interest and bankruptcy periodic statements are effective April 19, 2018. In accordance with the 2016 Mortgage Servicing Rule, credit unions must consider compliance with the following changes: Excludes certain seller-financed transactions and mortgage loans serviced for a non-affiliate from being counted toward the 5,000 loan limit for small servicer exemption.

Lending Compliance In accordance with the 2016 Mortgage Servicing Rule, credit unions must consider compliance with the following changes (continued): Adds definitions of successor in interest to RESPA and TILA and includes provisions to confirm a successor s interest and identity. Clarifies certain periodic statement disclosure requirements for mortgage loans, requires certain borrowers in bankruptcy to be provided with modified periodic statement, and exempts servicers from periodic statement requirement for charged-off mortgage loans in certain circumstances.

Lending Compliance In accordance with the 2016 Mortgage Servicing Rule, credit unions must consider compliance with the following changes (continued): Amends the force-placed insurance disclosures and model forms to account for when the borrower has insufficient coverage on the property. Clarifies the obligations for servicers to establish or make good faith efforts to establish live contact with delinquent borrowers and revises the exemption from early intervention for borrowers in bankruptcy or invoked a case under the FDCPA.

Lending Compliance In accordance with the 2016 Mortgage Servicing Rule, credit unions must consider compliance with the following changes (continued): Adopts a general definition of delinquency that applies to all servicing provisions under RESPA and periodic statements for mortgage loans under TILA. Amends and modifies several sections of the Loss Mitigation Rule.

Lending Compliance TRID Rule - Reminders TRID prohibits the collection of fees (other than fee to obtain credit report) prior to providing the Loan Estimate to the consumer. TRID includes rules for providing Revised Loan Estimates and Corrected Closing Disclosures. TRID also requires two post-consummation notices including the Escrow Closing Notice and partial payment policy addition to the existing mortgage transfer servicing notice.

Lending Compliance HMDA (Regulation C) provides the public and government with information to help determine whether the credit union is serving the credit needs of its community and helps discourage redlining, which is the practice of denying or limiting credit based on neighborhood characteristics (race, national origin, income). HMDA requires the credit union to report data for home purchase loans, home improvement loans and refinances.

Lending Compliance HMDA (continued) The Consumer Financial Protection Bureau recently issued a Final Rule amending HMDA. The Final Rule, effective in phases starting in 2017, changes the following: Types of institutions subject to the regulation. Types of transactions subject to the regulation (now includes home equity lines of credit). Specific information to be collected, recorded and reported. Processes for reporting and disclosing data.

Lending Compliance

Lending Compliance HMDA (continued) Expanded data fields apply to covered transactions that have final action taken on or after January 1, 2018. This is going to effect the credit unions pipeline of loans as any applications taken in November/December 2017 with a final action date in January 2018 will be subject to collection of the expanded data fields.

Lending Compliance Military Lending Act (MLA) was recently expanded by the DoD to apply to more than only payday loans, vehicle title loans, and tax refund anticipation loans. The final rule went into effect October 3, 2016 (2017 for credit cards) and applies to more consumer credit products granted to covered borrowers subjecting the products to the 36 percent interest rate ceiling using the all in Military Annual Percentage Rate (MAPR), as well as disclosure requirements, prohibitions on prepayment penalties, and limitations on mandatory arbitration.

Lending Compliance MLA (continued) Consumer credit is credit which is offered or extended to a covered borrower primarily for personal, family, or household purposes and subject to a finance charge or payable in more than four installments. Exceptions include residential mortgages, transactions to finance the purchase of a motor vehicle, and loans that are exempt for the purposes of Regulation Z (1026.3, 1026.29). Applies to members (or their dependents) of the armed forces serving on active duty or active guard and reserve duty at the time the consumer becomes obligated on a consumer credit transaction or establishes an account for consumer credit The MAPR includes finance charges under Regulation Z (1026.4) and specific fees otherwise excluded by Regulation Z such as credit insurance premiums, fees for debt cancellation contract, and fees for credit related ancillary products sold in connection with the loan.

What Makes for an Effective Compliance Program

An Effective Compliance Program Identification Analyze the products and services offered by the credit union to determine the applicable regulatory requirements. Risk Assessment Assign risk ratings for each applicable regulation based on the likelihood of a violation and the severity of the penalties. Policies and Procedures Act as tools to ensure that compliance-related issues are handled consistently.

An Effective Compliance Program Key Members of the Compliance Team Compliance officer, Board, executive management, legal counsel, internal audit personnel, loan officers/processors, tellers, member services and marketing personnel. Education Ongoing training is a necessity. Independent Testing Audits must be performed at an appropriate frequency and the depth of the review is dependent on the credit union s size and complexity.

Open Forum

Thank You! Kristie Kenney Hoover, NCCO Internal Audit Manager kkenney@doeren.com 305.432.1426