Proposed Regulation

NAFCU Regulatory Alerts are member-only resources containing important highlights and summaries for proposed rulemakings that affect credit unions. 

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18-EA-06: CFPB - Rules of Practice for Adjudication Proceedings

On February 5, 2018, the CFPB published a request for information (RFI) to solicit feedback on its rules of practice for hearings and adjudications conducted by the agency. The CFPB is willing to consider whether it should conduct enforcement proceedings in Federal court in all instances, as opposed to availing itself of administrative adjudications.

18-EA-05: CFPB - Enforcement Processes

The Consumer Financial Protection Bureau (CFPB or Bureau) has released this Request for Information to assess the overall efficiency and effectiveness of its enforcement processes and determine whether any changes to these processes would be appropriate at this time.

18-EA-04: NCUA - Modernizing Data Collection for Supervision of Credit Unions

NCUA is proposing revisions to the Call Report and Credit Union Profile forms in an attempt to reduce the amount and complexity of data collected.

18-EA-03: NCUA - Involuntary Liquidation and Claims Procedures

On January 31 2018, the National Credit Union Administration (NCUA) published a proposed rule to amend part 709 of its regulations governing claims administration for federally insured credit unions that enter involuntary liquidation.

18-EA-02: CFPB - Civil Investigative Demands

In Acting Director Mulvaney's first formal action to review CFPB rulemaking and procedures, the CFPB is seeking information regarding its current CID procedures.

18-EA-01: FHFA - Alternative Credit Scores

The Federal Housing Finance Agency (FHFA) has released a Request for Input (RFI) to solicit information regarding its evaluation of whether to change the current credit score requirements of the government-sponsored enterprises (GSEs), Fannie Mae and Freddie Mac.

17-EA-29: NCUA - Electronic Data Collection RFI

The National Credit Union Administration (NCUA) is reviewing the loan, deposit, and investment information collected electronically during credit union examinations in an attempt to modernize, formalize, and standardize data formats.

17-EA-28: NCUA - Capital Planning and Supervisory Stress Testing

On October 30, 2017, NCUA published a proposed rule amending its capital planning and stress testing regulations to allow credit unions to perform their own stress testing and incorporate the results in their capital plan submissions.

17-EA-27: NCUA - Proposed Advertising

On October 4, NCUA published a proposed rule amending Part 740 of its advertising regulations. The proposal grants credit unions additional flexibility when using NCUA's "official advertising statement."

17-EA-26: CFPB - TRID

The Consumer Financial Protection Bureau (CFPB) has issued a proposed rule to revise the disclosure requirements under the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) that are implemented in Regulation Z.

17-EA-25: DOL - Overtime Salary

The Department of Labor has issued a Request for Information to gather feedback from the public regarding how to revise 29 C.F.R. Part 541, which defines exemptions from the minimum wage and overtime requirements for certain employees, pursuant to the Fair Labor Standards Act.

17-EA-24: NCUA - Regulatory Reform Agenda

The NCUA Board (Board) is publishing a regulatory reform agenda that sets out an approach for eliminating, revising, improving, and clarifying regulations over a four year period.

17-EA-23: NCUA - Emergency Mergers

Regulatory Alert National Credit Union Administration: Emergency Mergers 17-EA-23 NAFCU would like to highlight the following: The National Credit Union Administration (NCUA) Board proposes to amend its Chartering and Field of Membership Manual to redefine the phrase "in danger of insolvency" for purposes of an emergency merger.

17-EA-22: NCUA - Share Insurance Fund Dividends

The National Credit Union Administration (NCUA) is proposing to amend the method for determining a FICU's proportionate share of a NCUSIF equity distribution by using either: (1) the average of the four quarter-end insured share balances reported on the FICUs Call Reports during the calendar year applicable to a NCUSIF equity distribution; or (2) insured share balances reported on the FICU's December 31 Call Report during the calendar year.

17-EA-21 NCUA Stabilization Fund Merger

The National Credit Union Administration (NCUA) is proposing to close the Temporary Corporate Credit Union Stabilization Fund early, and merge its assets and liabilities into the National Credit Union Share Insurance Fund.

17-EA-20: NCUA - Corporate Credit Unions

The NCUA Board (Board) proposes to amend its regulations governing corporate credit unions (corporates) and the scope of their activities. Specifically, the proposed amendments revise provisions on retained earnings and Tier 1 capital to include “GAAP equity acquired in a merger” as a component of retained earnings.

17-EA-19: DOL - Fiduciary Rule and Prohibited Transaction Exemptions

On July 6, 2017, the Department of Labor issued a Request for Information (RFI) regarding its final rule defining who is a “fiduciary” of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) as a result of giving investment advice to a plan or its participants or beneficiaries (Fiduciary Rule).

17-EA-18: NCUA - OTR Methodology

In a voluntary effort to invite input from stakeholders, the NCUA Board (Board) is seeking comments on proposed changes to the Overhead Transfer Rate (OTR) methodology. The current OTR methodology was established in 2003 to be an objective measure for recognizing NCUA’s dual role as (1) an insurer and as (2) a charterer, regulator, and supervisor.

17-EA-17: CFPB - ATR/QM Rule Assessment

The Consumer Financial Protection Bureau (CFPB or Bureau) is requesting comment on its plans for assessing the Ability-to-Repay/Qualified Mortgage (ATR/QM) Rule under the Truth in Lending Act (Regulation Z), as required by Section 1022(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) because the CFPB has determined that it is a significant rule for purposes of that section.

17-EA-16: CFPB - Amendments to Rules Concerning Prepaid Accounts

On June 29, 2017, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule to amend substantive aspects of its 2016 Prepaid Accounts Final Rule. The amendments address error resolution procedures and limitations on liability for prepaid accounts, described in Regulation E, and include an exception in Regulation Z for certain types of digital wallet arrangements.

17-EA-15: Federal Reserve System - Regulation CC - Forged or Altered Checks

The Board of Governors of the Federal Reserve System is proposing to amend Regulation CC to address situations where there is a dispute as to whether a check has been altered or is a forgery, and the original paper check is not available for inspection.