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Top Stories

12/30/2000

Top Stories for December 2000

FDIC Issues Alert on Stolen International Money Orders

The FDIC has learned of a recent theft of International Postal Money Orders (IPMO. The IPMOs were recently cashed by the Mexican Postal Administration and stolen while in transit to the U.S. They are being presented for payment at financial institutions in various cities across the country.
FDIC: FIL-93-2000 (12/29/00)

FDIC Issues Alert on Entities That May Be Conducting Banking
Operations In the United States Without Authorization

The FDIC has learned that Continental Bank of Commerce Inc. may be operating a banking business in the United States illegally or without authorization. The entity was incorporated in the state of Indiana; however, the location of its actual operations is unknown.
FDIC: FIL-92-2000 (12/29/00)

FRB Requests Comment on Proposal to Permit Financial Holding Companies to Act as Real Estate Brokers

Federal Reserve Board requests comment on a proposed rule that would determine that real estate brokerage and management services are financial in nature and are therefore permissible for financial holding companies. Comment is due by

March 2, 2001. FRB Press Release (12/28/00)

Statement on Appraisal Standards for Federally Related Transaction

The OCC issued an announcement, OCC 2000-33, to make national banks aware that a statement on Appraisal Standards was recently released by the Appraisal Standards Board. (12/27/00)

FRB proposes amendments to Reg Z

The FRB is proposing amendments to the provisions of Regulation Z (Truth in Lending) that implement the Home Ownership and Equity Protection Act (HOEPA). 65FR81438 (12/26/00)

FRB names seven new members to Thrift Institutions Advisory Council

The Federal Reserve Board announced the names of seven new members of its Thrift Institutions Advisory Council (TIAC) and designated a new President and Vice President of the Council for 2001. FRB Press Release(12/26/00)

FDIC Publicizes Recent OFAC List Changes

The FDIC released FIL-91-2000 to inform banks about changes recently made (and previously covered by BOL) by the Office of Foreign Assets Control. (12/26/00)

FRB Issues Final Rule to Reg Y

The FRB has determined by rule that acting as a finder is an activity that is incidental to a financial activity and therefore permissible for a financial holding company. 65FR80735 (12/22/00)

FinCEN Publishes Answers to BSA Questions

FinCEN answers to frequently asked Bank Secrecy Act (BSA) Questions. (12/22/00)

Regulators Adopt Rule on Disclosure and Reporting of CRA-Related Agreements

The FRB, FDIC, OCC and OTS approved the issuance of final regulations implementing the CRA Sunshine Requirements of the Federal Deposit Insurance Act (FDIA), which were recently enacted by the Gramm-Leach-Bliley Act. (12/22/00)

FRB Isssues Final Rule on Domestic Bank Holding Companies to Qualify as Financial Holding Companies

The FRB approved a final rule setting forth procedures for domestic bank holding companies and foreign banking organizations to qualify as financial holding companies. FRB Press Release (12/22/00)

FRB Issues Proposed Revisions for Calculating Private Sector Adjustment Factor

The PSAF imputes the costs that would have been incurred and profits that would have been
earned had the Reserve Banks' priced services been provided by a private firm. The NICB imputes income on the investment of depository institutions' clearing balances held with the Reserve Banks, less related costs. FRB Press Release (12/22/00)

FRB Approves an Interim Rule Defining Three Categories of Activities Listed in the Bank Holding Company Act

The FRB approved an interim rule defining three categories of activities listed in section 4(k)(5) of the Bank Holding Company Act as financial in nature or incidental to a financial activity.
FRB Press Release (12/22/00)

FDIC Reduces Budget by Five Percent

The Board of Directors of the FDIC approved a 2001 budget of $1.126 billion, a decrease of more than $60 million -- or 5.1 percent -- from its 2000 budget. PR-92-2000 (12/22/00)

OTS Grants Federal Thrift Charter to Ohio Farmers Insurance Company

Ohio Farmers Insurance Company, Westfield Center, Ohio, and its subsidiary, Westfield Financial Corporation, received approval from the OTS to organize a new federal thrift institution. OTS 00-108 (12/22/00)

FRB Issues Proposal Revision to Reg Y

The FRB invites public comment on a proposal to amend its Regulation Y to change the conditions that govern the conduct of financial data processing activities previously found to be closely related to banking in order to permit all bank holding companies to conduct a greater amount of nonfinancial data processing in connection with processing financial data. 65FR80384 (12/21/00)

FRB Announces Exemption Threshold Under HMDA

The FRB announced that the exemption threshold for depository institutions that are required to report data under the Home Mortgage Disclosure Act (HMDA) is increased to $31 million. FRB Press Release 65FR80735(12/21/00)

FRB Issues Statement on the Nomination of Secretary of the Treasury

Federal Reserve Board Chairman Alan Greenspan issued the following statement: In Paul O’Neill, the President-elect has attracted an exceptional and talented person. I look forward to again working closely with an old friend and colleague. FRB Press Release (12/21/00)

FRB Issues Statement on Resignation of SEC Chairman

Federal Reserve Board Chairman Alan Greenspan issued the following statement:
Arthur Levitt has much to be proud of in his lengthy and careful stewardship of the Securities and
Exchange Commission. FRB Press Release (12/21/00)

FDIC Publishes Fourth Quarter Regional Outlook

The Quarterly Regional Outlook features in-depth review of economic and banking activity, with reports for each of the eight FDIC regions as well as a national summary. (12/21/00)

Comptroller Hawke Urges FDIC Reforms To End Inequitable Treatment of National Banks

Comptroller of the Currency John D. Hawke, Jr., praised the FDIC for beginning a full-scale review of the deposit insurance system and called for reforms to end the inequitable treatment of national
banks. OCC: NR 2000-104 (12/21/00)

OCC Announces 6 New Enforcement Actions

The OCC announced 6 new enforcement actions taken against national banks and individuals currently and formerly affiliated with national banks. OCC: NR 2000-103 (12/21/00)

FDIC Report Analyzes Vulnerability of Banking Industry to a Slowing

In a semi-annual report on risks in banking, analysts with the FDIC identified several factors
that have weakened the current economic expansion. FDIC: PR-91-2000 (12/21/00)

FDIC Examiners Given Guidance for Investment Securities

The FDIC has issued guidance to examiners regarding a new type of credit-linked note with speculative characteristics. The guidance describes the securities, identifies the risks of these instruments, and addresses the FDIC's supervisory policy for these investments. FDIC: FIL-88-2000 (12/21/00)

FDIC Warns Banks of Fictitious Checks and Other Fraudulent Instruments

The FDIC is alerting banks to several schemes involving fictitious checks and other fraudulent instruments that appear to be occurring nationwide. FDIC: FIL-89-2000 (12/21/00)

FRB Reports on Acting as "Finder" is a Permissible Activity

The FRB, after consulting with the Secretary of the Treasury, has determined by rule that acting as a “finder” is an activity that is incidental to a financial activity and, therefore, a permissible activity for a financial holding company. FRB Press Release (12/20/00)

FRB Issues Proposed Amendments to Regulation Z regarding the Home Ownership and Equity Protection Act

As earlier published in the Federal Register, The FRB published proposed amendments to the provisions of its Regulation Z that implement the Home Ownership and Equity Protection Act (HOEPA) of 1994.
FRB Press Release (12/20/00)

FOMC Keeps Federal Funds Rate at 6 1/2%

The Federal Open Market Committee at its meeting decided to maintain the existing stance of monetary policy, keeping its target for the federal funds rate at 6-1/2 percent. FRB Press Release (12/20/00)

OCC Issues Statement on Bank Holdings of Securities for Hedge Purposes

The OCC issued a statement in response to a report issued by Chairman Jim Leach of the House Committee on Banking and Financial Services on bank holdings of securities for hedge purposes. OCC: NR 2000-102 (12/19/00)

TIN CERTIFICATION REQUIREMENT CHANGE!

Did you miss the revised regulation of the IRS published May 22, 2000 that changes the requirements for TIN certification as of January 1, 2001? Find out about the change in our article

"New TIN Certification Requirement."

OTS is Amending its Regulation to Incorporate Technical and Conforming Amendments

The OTS is amending its regulations to incorporate a number of technical and conforming
amendments. They include clarifications to reflect existing practices and to provide consistency among the Federal banking agencies, updated statutory and other references, and a correction of a typographical error. 65FR78900 (12/18/00)

FDIC Withdraws Interim Rule on Assets and Liability Backup Programs

On June 9, 1999, the FDIC published an interim final rule requiring asset and liability backup programs for limited deposit account and loan account information in a small number of institutions. The rule was intended to facilitate timely restoration of key financial records in the event that an FDIC-insured depository institution experienced a Year 2000 computer problem that required it to be placed in receivership. 65FR78899
(12/18/00)

FFIEC Distributes the Uniform Bank Performance Report

The September 30, 2000 Uniform Bank Performance Report now being distributed to all
insured commercial banks and FDIC - Insured Savings Banks is now available for sale to the public. For the most part, the formats for the commercial banks and the FDIC-ISB are identical; however, the FDIC-ISB has its own unique UBPR peer groupings. FFIEC Press Release (12/18/00)

FDIC Publishes The Third Quarter 2000 Quarterly Banking Profile

The latest Quarterly Banking Profile comprehensively updates through September 30 the financial results for all FDIC-insured commercial banks and savings institutions as well as the status of the FDIC’s deposit insurance funds. (12/18/00)

Final Version of the OCC's Strategic Plan is Online

The final version of the OCC's strategic plan is now available. This strategic plan will help guide the operations of the OCC, and may be modified through interim adjustments in annual performance plans sent to Congress. (12/18/00)

FRB Issues Proposed Rule to Amend Reg C

The FRB is proposing amendments to Regulation C and to the commentary that applies and interprets
Regulation C. These amendments would simplify the definition of a ``refinancing,'' require lenders to report requests for preapproval, simplify the definition of a reportable home improvement loan, require
lenders to report home-equity lines of credit, expand coverage of nondepository lenders, and require lenders to report the annual percentage rate of a loan, whether the loan is subject to the Home
Ownership and Equity Protection Act, and whether the loan or application involves a manufactured home.
65FR78655 (12/15/00)

FDIC Approves the Assumption of the Insured Deposits of National State Bank, Metropolis, IL

National State Bank, Metropolis, Illinois, was closed by the OCC and the FDIC was appointed receiver. The FDIC entered into an agreement with Banterra Bank, Marion, Illinois, to assume the insured
deposits of the failed bank. FDIC: PR-90-2000 , OCC: NR 2000-101(12/15/00)

FRB Issues Proposed Rule to Amend Provisions of Reg Z that Implement Homeownership and Equity Protection Act

The amendments would broaden the scope of loans subject to HOEPA’s protections by adjusting the price triggers that determine coverage under the act. The rate-based trigger would be lowered by two percentage points and the fee-based trigger would be revised to include optional insurance premiums and similar credit protection products paid at closing. FRB Press Release (12/14/00)

FRB Issues Proposal to Amend Reg Y

The FRB requested public comment on a proposal that would amend Regulation Y (Bank Holding Companies and Change in Bank Control). FRB Press Release (12/14/00)

FRB Issues Proposal to Permit Financial Holding Companies to Act as Real Estate Brokers

The proposed rule would determine that real estate brokerage and management services are financial in nature or incidental to financial activity and are therefore permissible for financial holding companies. FRB Press Release (12/14/00)

NCUA Issues Letter of Understanding

The NCUA has issued a Letter of Understanding and Agreement (LUA) to the LTV Steel Employees Federal Credit Union in East Chicago, Indiana. NCUA Press Release (12/14/00)

FDIC Publishes Entities That May Be Conducting Banking Operations Without Authorization

The FDIC has received notification from the OCC that the following entity may be conducting banking business illegally or without authorization. Metrobank International Limited, P. O. Box 211, Moore Stephens House, Lini Highway, Port Vila, Vanuatu FDIC: FIL-87-2000 (12/14/00)

FDIC Issues Alert on Counterfeit Cashier's Checks and Missing Cashier's Checks

The FDIC has learned that counterfeit cashier's checks drawn on USABancShares.com, Philadelphia, Pennsylvania, are in circulation. FIL-86-2000 (12/14/00)

OCC Chief Economist Speaks on Reforming Deposit Insurance

OCC: NR 2000-100 (12/13/00)

OCC Names Dan Stipano as Deputy Chief Counsel

The OCC announced the selection of Daniel P. Stipano as Deputy Chief Counsel. Mr. Stipano succeeds Robert B. Serino, who will retire this month after 17 years as Deputy Chief Counsel. OCC: NR 2000-99 (12/13/00)

FFIEC Annual Report of Trust Assets for 2000

In early January 2001, the Annual Report of Trust Assets forms and instructions for 2000 will be sent to commercial banks, savings banks and savings associations that have approval to exercise trust powers. Affiliated trust companies must also complete the report. FDIC: FIL-85-2000 (12/12/00)

OCC Issues Final Rule to Amend the Maximum Amount of Civil Money Penalties

The OCC is amending its rules of practice and procedure to adjust the maximum amount, as set by statute, of each civil money penalty within its jurisdiction to account for inflation. 65FR77250 (12/11/00)

OCC, FDIC and FRB Release Fourth Quarter Call Report Forms

The fourth quarter Call Report information should be reviewed for accuracy, and submit the report electronically as soon as possible. Your completed report must be received by January 30, 2001,
in accordance with the filing requirements. Joint Press Release (12/11/00)

OCC Releases CRA Evaluations for 11 National Banks

The OCC released a list of CRA performance evaluations that became public during the period of
November 15 through December 14. OCC: NR 2000-98 (12/11/00)

NCUA Issues Order of Prohibition

The NCUA announced that it has issued an Order of Prohibition against RoseLorraine Henry, former President of Parco Community Federal Credit Union, located in Sinclair, Wyoming. NCUA Press Release (12/8/00)

OFAC Updates Entities and Individuals as Specially Designated Narcotics Taffickers

http://www.treas.gov/ofac/bulletin.txt (12/8/00)

OTS Extends Comment Period to Feb. 9, 2001 on Proposed Holding Company Notice

The OTS said it is extending to Feb. 9,2001, the comment period on its proposal to require some savings and loan holding companies to give advance notice to OTS before undertaking certain significant transactions that could affect the risk profile of subsidiary thrifts. OTS 00-106 and 65FR77528 (12/8/00)

OCC Reports Trading Revenues Off As Derivatives Volume Dips During 3rd Quarter

U.S. commercial banks earned $2.8 billion from trading activities during the third quarter of 2000, down from the $3 billion earned a quarter earlier. OCC: NR 2000-96 (12/7/00)

Thrift Industry Earnings Strong; But OTS Notes Some Profit Erosion

The nation’s thrift industry turned in another strong performance in the third quarter of 2000, earning $1.9 billion, but Director Ellen Seidman of the OTS reported economic conditions and market competition are causing some stress on thrifts’ earning power. OTS 00-104 (12/7/00)

Regulators Issue Proposed Rule to Amend their Risk Based Capital Standards and Claims on Securities Firms

The FRB, OCC, FDIC and OTS are proposing to amend their respective risk-based capital standards for banks, bank holding companies, and savings associations with regard to the risk weighting of claims on, and claims guaranteed by, qualifying securities firms. 65FR76180 (12/6/00)

OTS Publishes the Applications for New Thrift Charters Detail Report

(12/6/00)

OCC Issues Alert on Unauthorized Banking in Vanuatu

Information has been received that the subject entity, incorporated in the Republic of Vanuatu, may be
operating a banking business in the United States without authorization. OCC: ALERT 2000-12 (12/6/00)

FDIC Reports Commercial Bank Earnings Recover from Disappointing Second Quarter

Commercial bank earnings rebounded sharply in the third quarter to $19.3 billion, up 32 percent from their performance in the second quarter, the FDIC announced.
FDIC: PR-86-2000 (12/6/00)

FDIC Issues December List of Banks Examined for CRA Compliance

The FDIC issued its monthly list of state nonmember banks recently evaluated for compliance with
the CRA. The list covers evaluation ratings that the FDIC assigned to institutions in September 2000.
FDIC: PR-85-2000 (12/6/00)

OCC Proposed to Enable a Federal Branch to Maintain an Operating Subsidiary

The OCC proposes to enable a Federal branch or agency to establish or maintain an operating subsidiary in generally the same manner that a national bank may establish or control an operating subsidiary.
65FR75870 (12/5/00)

OCC Proposes to Amend its Regulation to Codify OCC Interpretations on National Bank Multi-State Trust Operations

The OCC, through a Notice of Proposed Rulemaking, is proposing to amend its regulations to codify OCC interpretations on national bank multi-state trust operations. The purpose of these changes is to provide enhanced guidance to national banks engaging in fiduciary activities.
65FR75872 (12/5/00)

Filing Schedule for 2001 Regulatory Reports (12/5/00)

OCC Amends the Assessment Formulat to Assess Independent Trust Banks

The OCC is amending the assessment formula it uses to assess independent trust banks. A trust bank is considered independent for purposes of this regulation if it specializes in trust activities and is not affiliated with a full-service national bank. 65FR75859 (12/5/00)

Agencies Adopt Consumer Protection Rules for Insurance

As reported in the Federal Register, on Dec. 4th, the FRB, OCC, FDIC and OTS announced final consumer protection rules for the sale of insurance products by depository institutions.
(12/5/00)

Regulators Issue Proposed Rule on Risk-Based Capital Standards

The FRB, OCC, FDIC and OTS are proposing to amend their respective risk-based capital standards for banks, bank holding companies, and savings associations with regard to the risk weighting of claims on,
and claims guaranteed by, qualifying securities firms. 65FR75856 (12/5/00)

Regulators Publish Final Insurance Consumer Protection Rules

The OCC, FRB, FDIC, and OTS are publishing final insurance consumer protection rules. These rules are published pursuant to section 47 of the Federal Deposit Insurance Act (FDIA), which was added by section 305 of the Gramm-Leach-Bliley Act (the G-L-B Act or Act). 65FR75821 (12/4/00)

FTC Announces Current Allowable Charges for FCR

The FTC announces that the current $8.50 ceiling on allowable charges under Section 612(a) of the Fair Credit Reporting Act will remain unchanged for 2001.
http://www.bankersonline.com/topstory/fedreg/65FR75717.txt (12/4/00)

FDIC Publishes Semiannual Agenda of Regulations

The FDIC has published its semiannual agenda of regulations in the Federal Register to inform the public of the Corporation's regulatory actions and encourage participation in the rulemaking process. FDIC: PR-82-2000 (12/4/00)

FDIC Issues First Quarter CRA Examination Schedule

The FDIC has issued the public list of institutions that it has scheduled for a CRA examination during the first quarter of 2001. FDIC: PR-84-2000 (12/4/00)

FRB Issues Guidance on the Risk Management of Outsourced Technology

The FRB issued a supplemental guidance on the risk management of outsourced technology services. Banking organizations should consider this guidance within the context of their assessment of the scope and importance of the outsourced services to their enterprise, as well as the risks resulting from those services. FRB: SR 00-17 (12/4/00)

OCC Issues First Quarter 2001 CRA Examination Schedule

The OCC released its projected schedule of CRA examinations to be conducted in the first quarter of 2001. OCC: NR 2000-93 (12/4/00)

FDIC Acts on Change in Control Notice Filed by CitiGroup

The FDIC announced that it would not disapprove acquisitions of two banks, Hurley State Bank, Hurley, South Dakota; and Associates Capital Bank, Inc., Salt Lake City, Utah; by Citigroup, Inc., New York, New York. The acquisitions may proceed immediately. FDIC: PR-83-2000 (12/1/00)

OCC Acts on Citigroup Application

The OCC announced that it would not object to Citigroup’s acquisition of Associates National Bank. The OCC’s decision, which is attached, was in response to a notice of change in bank control filed by Citigroup on September 18, 2000. OCC: NR 2000-92 (12/1/00)

IRS Signs Qualified Intermediary Agreements

The IRS has announced that it has begun signing qualified intermediary agreements for hundreds of financial institutions. These agreements, which are the cornerstone of the new regulations, simplify tax withholding and information reporting procedures for foreign financial institutions. (12/1/00)

OCC Announces Assessment Schedule for 2001

The OCC announced that its assessment schedule for 2001 will reflect a reinstatement of the inflation adjustment that was suspended six years ago. The 2 percent inflation adjustment will apply only to the first $20 billion of a bank's assets. OCC: NR 2000-89 (12/1/00)

OCC Proposes Rules To Ease Burdens Of Banks Operating Multi-State Trust Operations

The OCC announced that it is proposing a new rule that would allow a national bank to act in a fiduciary capacity in any state that permits its own institutions to engage in such activities. OCC: NR 2000-90 (12/1/00)

OCC Proposes Operating Subsidiaries For US Federal Branches and Agencies

The OCC is proposing a new rule that would permit a U.S. Federal branch or agency of a foreign bank to establish an operating subsidiary. OCC: NR 2000-91 (12/1/00)

OTS Announces CRA Examination Schedule for 1st Quarter 2001

The OTS announced the release of a list of savings associations scheduled for CRA examinations during the first quarter of 2001. OTS 00-100 (12/1/00)

OCC Issues Proposed Rule to Amend Its Assessment Regulation

The OCC proposes to amend its assessment regulation to clarify that the OCC has authority to charge a national bank when the OCC conducts a special examination of a third party that provides services to the bank. The proposal applies in the same way to a District of Columbia bank and to a Federal branch or agency. (12/1/00)

OCC Proposed to Enable a Federal Branch to Maintain an Operating Subsidiary

The OCC proposes to enable a Federal branch or agency to establish or maintain an operating subsidiary in generally the same manner that a national bank may establish or control an operating subsidiary.
65FR75870 (12/5/00)

OCC Proposes to Amend its Regulation to Codify OCC Interpretations on National Bank Multi-State Trust Operations

The OCC, through a Notice of Proposed Rulemaking, is proposing to amend its regulations to codify OCC interpretations on national bank multi-state trust operations. The purpose of these changes is to provide enhanced guidance to national banks engaging in fiduciary activities.
65FR75872 (12/5/00)

Filing Schedule for 2001 Regulatory Reports (12/5/00)

OCC Amends the Assessment Formulat to Assess Independent Trust Banks

The OCC is amending the assessment formula it uses to assess independent trust banks. A trust bank is considered independent for purposes of this regulation if it specializes in trust activities and is not affiliated with a full-service national bank. 65FR75859 (12/5/00)

Agencies Adopt Consumer Protection Rules for Insurance

As reported in the Federal Register, on Dec. 4th, the FRB, OCC, FDIC and OTS announced final consumer protection rules for the sale of insurance products by depository institutions.
(12/5/00)

Regulators Issue Proposed Rule on Risk-Based Capital Standards

The FRB, OCC, FDIC and OTS are proposing to amend their respective risk-based capital standards for banks, bank holding companies, and savings associations with regard to the risk weighting of claims on,
and claims guaranteed by, qualifying securities firms. 65FR75856 (12/5/00)

Regulators Publish Final Insurance Consumer Protection Rules

The OCC, FRB, FDIC, and OTS are publishing final insurance consumer protection rules. These rules are published pursuant to section 47 of the Federal Deposit Insurance Act (FDIA), which was added by section 305 of the Gramm-Leach-Bliley Act (the G-L-B Act or Act). 65FR75821 (12/4/00)

FTC Announces Current Allowable Charges for FCR

The FTC announces that the current $8.50 ceiling on allowable charges under Section 612(a) of the Fair Credit Reporting Act will remain unchanged for 2001.
http://www.bankersonline.com/topstory/fedreg/65FR75717.txt (12/4/00)

FDIC Publishes Semiannual Agenda of Regulations

The FDIC has published its semiannual agenda of regulations in the Federal Register to inform the public of the Corporation's regulatory actions and encourage participation in the rulemaking process. FDIC: PR-82-2000 (12/4/00)

FDIC Issues First Quarter CRA Examination Schedule

The FDIC has issued the public list of institutions that it has scheduled for a CRA examination during the first quarter of 2001. FDIC: PR-84-2000 (12/4/00)

FRB Issues Guidance on the Risk Management of Outsourced Technology

The FRB issued a supplemental guidance on the risk management of outsourced technology services. Banking organizations should consider this guidance within the context of their assessment of the scope and importance of the outsourced services to their enterprise, as well as the risks resulting from those services. FRB: SR 00-17 (12/4/00)

OCC Issues First Quarter 2001 CRA Examination Schedule

The OCC released its projected schedule of CRA examinations to be conducted in the first quarter of 2001. OCC: NR 2000-93 (12/4/00)

FDIC Acts on Change in Control Notice Filed by CitiGroup

The FDIC announced that it would not disapprove acquisitions of two banks, Hurley State Bank, Hurley, South Dakota; and Associates Capital Bank, Inc., Salt Lake City, Utah; by Citigroup, Inc., New York, New York. The acquisitions may proceed immediately. FDIC: PR-83-2000 (12/1/00)

OCC Acts on Citigroup Application

The OCC announced that it would not object to Citigroup’s acquisition of Associates National Bank. The OCC’s decision, which is attached, was in response to a notice of change in bank control filed by Citigroup on September 18, 2000. OCC: NR 2000-92 (12/1/00)

IRS Signs Qualified Intermediary Agreements

The IRS has announced that it has begun signing qualified intermediary agreements for hundreds of financial institutions. These agreements, which are the cornerstone of the new regulations, simplify tax withholding and information reporting procedures for foreign financial institutions. (12/1/00)

OCC Announces Assessment Schedule for 2001

The OCC announced that its assessment schedule for 2001 will reflect a reinstatement of the inflation adjustment that was suspended six years ago. The 2 percent inflation adjustment will apply only to the first $20 billion of a bank's assets. OCC: NR 2000-89 (12/1/00)

OCC Proposes Rules To Ease Burdens Of Banks Operating Multi-State Trust Operations

The OCC announced that it is proposing a new rule that would allow a national bank to act in a fiduciary capacity in any state that permits its own institutions to engage in such activities. OCC: NR 2000-90 (12/1/00)

OCC Proposes Operating Subsidiaries For US Federal Branches and Agencies

The OCC is proposing a new rule that would permit a U.S. Federal branch or agency of a foreign bank to establish an operating subsidiary. OCC: NR 2000-91 (12/1/00)

OTS Announces CRA Examination Schedule for 1st Quarter 2001

The OTS announced the release of a list of savings associations scheduled for CRA examinations during the first quarter of 2001. OTS 00-100 (12/1/00)

OCC Issues Proposed Rule to Amend Its Assessment Regulation

The OCC proposes to amend its assessment regulation to clarify that the OCC has authority to charge a national bank when the OCC conducts a special examination of a third party that provides services to the bank. The proposal applies in the same way to a District of Columbia bank and to a Federal branch or agency. (12/1/00)

11/30/2000

Top Stories for November 2000

November 2000

FRB Issues Proposal to Expand HMDA Reporting

The FRB has published a proposal to amend Regulation C, Home Mortgage Disclosure, to increase the
amount of information that institutions report on the Loan Application Register. The number of items
reported would increase from 13 to 17 items.
Article written by Lucy Griffin on Reg C Proposal
FRB Press Release (11/30/00)

FDIC Distributes the FFIEC 004 Form

The FDIC has sent out the FFIEC 004 report that may be used to comply with the reporting requirements of Title VIII of the Financial Institutions Regulatory and Interest Rate Control Act of 1978.
FDIC: FIL-82-2000 (11/30/00)

Greenspan Issues Statement on the Death of Henry B. Gonzalez

FRB Chairman Alan Greenspan issued the following statement: I was saddened to hear of the passing of former House Banking Committee Chairman Henry B. Gonzalez.
FRB Press Release (11/30/00)

FFIEC Releases Guidance on Technology Outsourcing

The FFIEC issued guidance on financial institutions' management of risk arising from technology services supplied by outside firms. FFIEC Press Release
(11/30/00)

FDIC Issues Notice on Risk Management Of Technology Outsourcing

The FDIC, together with the other federal regulators of banks, thrifts and credit unions, issued joint guidance on managing the risk exposure an institution faces when it uses outside firms for technology.
FDIC: FIL-81-2000 (11/29/00)

Large Credit Unions Post Continued Growth

The 1,505 federally insured credit unions with assets over $50 million posted continued growth through the first nine months of 2000 according to call report data.
NCUA Press Release (11/29/00)

HMDA Heads Up!

The Federal Reserve Board has scheduled a Board Meeting for Wednesday, November 29, 2000, to consider proposing modifications to Regulation C and the HMDA LAR. In spite of the FRB's low-key announcement, this proposal promises to be a bombshell. The FRB may propose to modify the LAR to incorporate information, such as the APR, designed to identify patterns and instances of predatory lending.(11/28/00)

Agencies Urge Banks and Thrifts to Evaluate Risks with Vendors

The OCC and OTS alerted national banks and federal thrifts that the agencies have significant safety and soundness, compliance and consumer protection concerns with banks and thrifts entering into contractual arrangements with vendors to fund so-called “title loans” and “payday loans.”
OCC: NR 2000-88 and
OTS 00-99 (11/28/00)

OCC Issues Warning on Title Loan Companies

It has come to the attention of the OCC that title loan companies are approaching national banks urging them to enter into contractual arrangements to fund title loans. These arrangements also can
involve the sale to the title loan company of the loans or servicing rights to the loans. The OCC has significant safety and soundness, compliance, and consumer protection concerns with title lending and with these arrangements.
OCC: AL 2000-11 (11/28/00)

OCC Issues Advisory on Pay Day Lending

The OCC is issuing an advisory letter to ensure that any national bank that engages in payday lending does so in a safe and sound manner and does not engage in abusive practices that would increase the compliance, legal, and reputation risks associated with payday lending and could harm the bank's customers.
OCC: AL 2000-10 (11/28/00)

FDIC Publishes Enforcement Actions

The FDIC released a list of orders of administrative enforcement actions taken against banks and individuals in October. No administrative hearings are scheduled for December.
FDIC: PR-81-2000 (11/28/00)

OCC Puts Asset Management Handbook Online

The Comptroller's Handbook booklet "Asset Management" is now available on the Internet. The keystone of the Asset Management series of handbook booklets, the booklet provides an overview of the asset management business and guidance on sound risk management processes. (11/27/00)

OTS Sets Schedule for Implementing Changes to Thrift Financial Report

The OTS will phase in proposed changes to the Thrift Financial Report in response to thrift industry requests for more time to implement the changes. OTS will delay collecting information on subprime and high loan-to-value lending until September 2001, but will begin collecting consolidated financial data on savings and loan holding companies it regulates starting with the March 2001 TFR. OTS 00-98 (11/27/00)

FRB Issues Final Rule to Adjust Dollar Amount for Certain Mortgages

As reported last week, the FRB published in the Federal Register, a final rule amending the staff commentary that interprets the requirements of Regulation Z . The FRB is required to adjust annually the dollar amount that triggers requirements for certain mortgages bearing fees above a certain amount. The adjusted dollar amount for 2001 is $465. (11/27/00)

NCUA Issues Proposed Rule to Revise Regulations

The NCUA is proposing a revised regulation to categorize activities deemed to be within the incidental powers of a federal credit union. (11/27/00)

IRS Announces 2001 Standard Mileage Rates

The IRS announced the optional standard mileage rates to use for 2001 in computing the deductible costs of operating an automobile for business, charitable, medical or moving expense purposes. (11/27/00)

Pension Plan Limitations for Tax Year 2001

The IRS announced cost-of-living adjustments applicable to dollar limitations for pension plans and other items for Tax Year 2001. (11/27/00)

FRB Announces New Internet Resource

The FRB announced a new Internet resource designed to help bankers and bank examiners apply consumer regulations to Internet banking. The Checkers Bank (TCB) is a mock online bank whose website contains violations of federal consumer protection regulations. The TCB site highlights these violations for further investigation. (11/22/00)

FRB Publishes its Annual Adjustment to Reg Z Dollar Amounts

The FRB published its annual adjustment of the dollar amount that triggers additional disclosure requirements under the Truth in Lending Act for mortgage loans that bear rates or fees above a certain amount. FRB Press Release (11/22/00)

Regulators Publish Final Insurance Consumer Protection Rules

The OCC, FRB, FDIC and OTS are publishing final insurance consumer protection rules. These rules are
published pursuant to section 47 of the Federal Deposit Insurance Act (FDIA), which was added by
section 305 of the Gramm-Leach-Bliley Act (the G-L-B Act or Act). Section 47 directs the Agencies
jointly to prescribe and publish consumer protection regulations that apply to retail sales practices,
solicitations, advertising, or offers of any insurance product by a depository institution 1 or any person that is engaged in such activities at an office of the institution or on behalf of the institution. (11/22/00)

OCC's Fair Lending Examination Procedures Manual Available Online

The "Fair Lending Examination Procedures" booklet in the Comptroller's Handbook for Compliance is now available on the Web. The booklet, which supersedes "Fair Lending" booklet issued in October 1997, incorporates the Interagency Fair Lending Examination Procedures issued by the FFIEC in 1999. (11/21/00)

FDIC Seeks Comment on How to Avoid Purchasing or Investing in Predatory Mortgage Loans

The FDIC is seeking public comments on a draft staff advisory explaining how financial institutions may
avoid indirect associations with predatory lending. While the FDIC believes that very few banks are
directly engaged in predatory lending, banks might participate in predatory lending unknowingly through
loan purchases or securitizations from predatory lenders. (11/21/00)

FRB Issues Final Rule to Decrease the Amount of Net Transaction Accounts

The FRB is amending Regulation D to reflect the annual indexing of the low reserve tranche and the reserve requirement exemption for 2001, and announces the annual indexing of the deposit reporting cutoff level that will be effective beginning in September 2001. The amendments decrease the amount of net transaction accounts subject to a reserve requirement ratio of three percent in 2001. Read the final rule. (11/21/00)

OCC Publishes Electronic Listing of National Banks

The OCC has published an electronic listing of National Banks active as of 10/31/00. You can download either an Excel or PDF file. (11/20/00)

OTS Grants Federal Thrift Charter to Independent Insurance Agents

The Independent Insurance Agents of America Inc., Alexandria, Va., and four companies that will share ownership received approval from the OTS to organize a new federal thrift institution. (11/20/00) OTS 00-97

OTS Releases September Enforcement Statistics

The OTS reported that it completed seven enforcement actions during the month of September 2000. (11/20/00) OTS 00-93A

FDIC Publishes the FinCEN SAR Activity Review

This is the first edition of The SAR Activity Review, which will be published semiannually. The publication will provide feedback to financial institutions about suspicious activity reported to FinCEN by the institutions. (11/20/00) FIL-80-2000

NCUA Issues Order of Prohibition

The NCUA announced that it has issued an Order of Prohibition against James E. Chittick, Sr., former Chairman of the Board of Grand Terrace Federal Credit Union, located in Grand Terrace, California.
(11/17/00) NCUA Press Release

NCUA Issues Order of Prohibition

The NCUA announced that it has issued an Order of Prohibition against Janell Kay Smith, former employee of Food Industries Credit Union, located in Springfield, Oregon. (11/17/00) NCUA Press Release

FDIC Issues Alert on Unauthorized Bonds

The FDIC has learned that the City of Colon, Republic of Panama, issued approximately $300 million of Panamanian bonds without the authorization and backing of the Central Government. (11/17/00) FIL-79-2000

FDIC Issues Alert on Telemarketing Scam

The Royal Canadian Mounted Police has asked the FDIC to circulate to FDIC-supervised institutions information about a Canadian lottery telemarketing scam. Although it does not appear that banks are the primary targets of this scam, banks risk potential losses if uncollected funds are advanced to customers who are the targets and victims of this scam. (11/17/00) FIL-78-2000

OCC Releases CRA Evalations for 48 National Banks

The OCC released a list of CRA performance evaluations that became public during the period of
October 15 through November 14. (11/17/00) OCC: NR 2000-87

FRB Announces Annual Adjustment for Reserve Calculations and Deposit Reporting

The FRB announced the annual adjustments in the amount of net transaction accounts used in the calculation of reserve requirements and the cutoff levels used to determine the detail and frequency of deposit reporting. (11/17/00) FRB Press Release

FOMC Maintains Existing Stance of Monetary Policy

The Federal Open Market Committee at its meeting decided to maintain the existing stance
of monetary policy, keeping its target for the federal funds rate at 6-1/2 percent. (11/16/00)
FRB Press Release

FDIC Chairman Warns Risk Managers to Watch Markets

Rising risk levels in booming markets that are vulnerable to an economic downturn, particularly
commercial real estate, are of growing concern, FDIC Chairman Donna Tanoue said in a speech
to the Risk Management Association in Nashville. (11/15/00) FDIC: PR-80-2000

OCC Announces 6 New Enforcement Actions

The OCC announced 6 new enforcement actions taken against national banks and individuals currently and formerly affiliated with national banks. (11/15/00) OCC: NR 2000-86

OTS Releases August and October National CRA Ratings

The OTS issued savings associations' CRA performance evaluation ratings that became available in August
and October 2000. The September ratings were issued on October 5, 2000 and are available on the OTS web site. (11/14/00) OTS 00-95

NCUA Issues Order of Prohibition

The National Credit Union Administration announced that it has issued an Order of Prohibition against Terry Hacker, former loan manager of Hawaii Federal Credit Union, located in Honolulu, Hawaii. (11/14/00) NCUA Press Release

The OCC has been advised that effective October 12, 2000, the Registrar of International and Foreign Companies, Samoa, revoked International Business Bank Corporation, Ltd. Level 2, Chandra House
Apia, Samoa, company's "A" class banking license, No. 107. (11/10/00) FDIC FIL-75-2000

The FDIC has learned that a number of official checks drawn on the Bay State Savings Bank, Worcester, Massachusetts, are missing and presumed stolen. The instruments have serial numbers ranging from 046255303 through and including 046255650. The checks have the caption "Club Check" immediately below the caption "Official Check" and are presigned.(11/10/00) FDIC FIL-76-2000

The FDIC has published the second Bank Technology Bulletin issued by FDIC's Bank Technology Group. The subject of this bulletin is Internet domain names. The bulletins highlight current issues of concern to the banking industry.
(11/10/00) FDIC: FIL-77-2000

The 2001 price level for Federal Reserve payments services is projected to increase 4.2 percent from the 2000 level. Because of price reductions in recent years, the overall price level has risen only half a percent since 1996.
(11/9/00) FRB Press Release

As earlier reported from the FFIEC, The FFIEC has approved revisions to the reporting requirements for the Reports of Condition and Income (Call Report) for 2001. These revisions will become final upon approval by the U.S. Office of Management and Budget.
(11/9/00) FDIC FIL-74-2000

The FDIC announced that the Bank Insurance Fund (BIF) reported comprehensive income (net income plus unrealized gain on available-for-sale securities) of $1.141 billion for the first nine months of 2000. This is an increase of $1.254 billion over the same period last year. BIF reported a comprehensive loss of $198 million for 1999. As of September 30, 2000, the fund balance was $30.6 billion, up from $29.4 billion at year-end 1999. BIF revenues totaled $1.422 billion for the first nine months of 2000, including $1.359 billion in interest on investments in U.S. Treasury obligations and $36 million in deposit insurance assessments. (11/8/00) FDIC PR-79-2000:

As reported in the Federal Register, The federal bank and thrift regulatory agencies requested public comment on an advance notice of proposed rulemaking that considers the establishment of a simplified regulatory capital framework for non-complex institutions. (11/6/00) FDIC-PR-77-2000 and FIL-73-2000

As reported in the Federal Register, The federal bank and thrift regulatory agencies requested public comment on an advance notice of proposed rulemaking that considers the establishment of a simplified regulatory capital framework for non-complex institutions. (11/6/00) FRB Press Release

As reported in the Federal Register, The federal bank and thrift regulatory agencies requested public comment on an advance notice of proposed rulemaking that considers the establishment of a simplified regulatory capital framework for non-complex institutions. (11/6/00) OCC NR 2000-85

As reported in the Federal Register, The federal bank and thrift regulatory agencies requested public comment on an advance notice of proposed rulemaking that considers the establishment of a simplified regulatory capital framework for non-complex institutions. (11/6/00) OTS 00-94

The SAR Activity Review Trends, Tips and Issues
(11/6/00) FinCEN:

The FFIEC announced that it has approved revisions to the reporting requirements for the Reports of Condition and Income (Call Report) for 2001. (11/6/00) FFIEC Press Release

The OTS reported that it completed seven enforcement actions during the month of September 2000.
(11/3/00) OTS 00-93

This is an issuance from the FDIC relating to the ESIGN Act. The E-Sign Act, signed into law on June 30, 2000, provides a general rule of validity for electronic records and signatures for transactions in or affecting interstate or foreign commerce. Included among the E-Sign Act's provisions is a section addressing the use of electronic records for an institution that wishes to exclusively provide electronic disclosures to consumers in lieu of written disclosures.
(11/3/00) FIL-72-2000

The OCC, FRB, FDIC, and OTS

are considering developing a simplified regulatory capital framework applicable to non-complex banks and thrifts (non-complex institutions). The Agencies believe that the size, structure, complexity, and risk profile of many banking and thrift institutions (banking organizations or institutions) may warrant the application of a simplified capital framework that could relieve regulatory burden associated with the existing capital rules. (11/3/00)

The OTS is proposing to change its regulations concerning corporate governance to create a class of preapproved optional bylaw provisions that federally chartered savings associations may adopt. The proposal decreases regulatory burden on federal savings associations by permitting them to adopt certain bylaws expeditiously without prior OTS review. (11/2/00) OTS:

As earlier reported by the OTS. The OTS is proposing changes would update the rules to reflect existing practices and procedures; provide more predictable procedures for applicants; and provide greater flexibility to OTS in processing applications. OTS has also applied ``plain language'' drafting techniques, which should make the application processing rules easier to understand.
(11/2/00) OTS:

The FRB announced a new approach to pricing Federal Reserve Banks' automated clearinghouse (ACH) transactions intended to enhance competition in the provision of
services to depository institutions. (11/1/00) FRB Press Release:

As earlier published in the Federal Register, the FRB has adopted a final rule amending Regulation Z, which implements the Truth in Lending Act. The rule revises the disclosure requirements for credit and charge card solicitations and applications. (11/1/00) OCC 2000-28:

The OTS said it is issuing a regulatory proposal to have optional bylaws that savings associations could adopt without first obtaining OTS approval. By not requiring advance notice and allowing the thrift simply to notify OTS within 30 days of its action, the proposal reduces regulatory burden, OTS said. (11/1/00) OTS 00-92:

The OTS announced proposed changes to its applications processing rules that would help streamline the process, particularly in the early phases, and reduce the time and expense of handling applications. (11/1/00) OTS 00-91:

Director Ellen Seidman of the OTS announced that her agency will host its first ever All-Industry Leadership Conference for savings association chief executive officers and directors next April 23 and 24 in Atlanta. (11/1/00) OTS 00-90:

The occurrence of risky underwriting practices for construction, commercial (nonresidential) real estate, and home equity lending by banks has increased slightly in recent months, according to the FDIC's latest Report on Underwriting Practices. While the frequency of risky underwriting practices in these loan categories has not reached highs from two years ago, FDIC officials said the situation remains a concern.(11/1/00) FDIC PR-76-2000:

Feedback on SAR reporting released at ABA/ABA Money Laundering Seminar (11/1/00) FinCEN News Release:

10/30/2000

Top Stories for October 2000

  • To provide Reserve Banks with more flexibility in scheduling, a risk assessment should be completed for each small shell bank holding company at least once during each supervisory cycle and within 45 calendar days of receipt of the lead bank's full-scope examination report. (10/31/00) FRB SR 00-15:
  • The FDIC announced that it will begin operating its new Call Center on November 1, 2000. The Call Center will serve as the FDIC's primary telephone point of contact for the public and the banking community. (10/31/00) FDIC PR-73-2000
  • FDIC Chairman Tanoe Warns Bankers: Time is of the Essence for Deposit Insurance Reform
    (10/31/00) FDIC PR-74-2000
  • The FDIC released a list of orders of administrative enforcement actions taken against banks and individuals in September. No administrative hearings are scheduled for November.
    (10/31/00) FDIC PR-75-2000
  • The Federal Civil Monetary Penalty Inflation Adjustment Act of 1990 requires all federal agencies with statutory authority to impose civil money penalties (CMPs) to evaluate and adjust those CMPs every four years. The FDIC last adjusted its CMP statutes in 1996. The FDIC is issuing this final rule to implement the required adjustments to its CMP statutes. (10/31/00) FDIC Final Rule:
  • The number of national banks that allow customers to conduct financial transactions on their internet sites increased 52 percent from 9/99 to 7/00, according to analysis conducted by bank examiners from the OCC. Thirty-two percent of national banks had transactional Web sites in July compared to 21 percent in 9/99. (10/30/00) OCC NR 2000-84
  • This booklet updates the 1995 edition. Its introduction explains which banks are subject to the booklet's procedures and how examiners set the scope of a community bank's consumer compliance examination.(10/30/00) OCC Community Bank Consumer Compliance Booklet:
  • Enhancements to the Interagency Program for Supervising the U.S. Operations of Foreign Banking Organizations. (10/23/00) FRB SR 00-14
  • Basel Committee Report Addresses The Supervisory Challenges of Electronic Banking (10/23/00) OCC NR 2000-82
  • FRB, OCC, FDIC and OTS issued a proposed regulation implementing the provisions of the Fair Credit Reporting Act (FCRA) that permit institutions to communicate consumer information to their affiliates (affiliate information sharing) without incurring the obligations of consumer reporting agencies. (10/20/00)
  • The FRB has adopted a final rule amending Regulation Z, which implements the Truth in Lending Act. The rule revises the disclosure requirements for credit and charge card solicitations and
    applications. Although the revisions are effective immediately, compliance is not mandatory until October 1, 2001. (10/19/00) FRB: FIL: 70-00
  • OFAC issued General Licenses effective October 12, 2000 relating to Federal Republic of Yugoslavia (Serbia and Montenegro) Kosovo Sanctions Regulations. 10/12/00 OFAC
  • FRB, OCC and FDIC Syndicated bank loans adversely classified by examiners increased in 2000 for the second consecutive year, according to data released by three federal bank regulatory agencies. (10/10/00)
  • FTC extends the comment deadline for its proposed customer information safeguard rules 10/6/00 FTC Press Release
  • NCUA Issues Prohibition Order against the former manager of Hartford Courant Employees Federal Credit Union located in Hartford, Connecticut 10/6/2000
    NCUA
  • FDIC issues new FIL to document recent OFAC changes 10/5/2000
    FDIC-FIL-68-2000:
  • OTS Extends Mutual Holding Company, Conversion Rules Comment Period 10/5/2000 OTS 00-84:
  • CRA Guidance from OTS Director Seidman 10/5/2000 OTS 00-83:
  • NCUA Issues Prohibition Order against the former manager of GW Federal Credit Union, located in Denver, Colorado 10/4/2000
    NCUA:
  • FDIC Issues October List of Banks Examined for CRA Compliance 10/5/2000 FDIC-PR-67-2000:
  • FRB FINAL RULE: Federal Reserve Board issues final rule to amend Regulation Z to revise the disclosure requirements for credit and charge card solicitations and applications 10/3/00
  • Security Monitoring Of Computer Networks 10/3/2000 FDIC-FIL-67-2000:
  • OCC issues bulletin for national trust banks to maintain adequate liqidity & capital for examiners to assess 10/2/00 OCC 2000-26:

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