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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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.

17-EA-13: FHFA - Improving Language Access

The Federal Housing Finance Agency (FHFA) has released a Request for Input (RFI) to solicit information regarding challenges faced by borrowers with limited English proficiency (LEP) in navigating the mortgage life cycle.

17-EA-14: CFPB - Mortgage Servicing Rules Assessment

The Consumer Financial Protection Bureau (CFPB or Bureau) is requesting comment on its plans for assessing the Mortgage Servicing Rules Under the Real Estate Settlement Procedures Act (2013 RESPA Servicing Rule) in accordance with the requirements of Section 1022(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DoddFrank Act) because the CFPB has determined that it is a significant rule for purposes of that section.

17-EA-12: NCUA - Bylaws; Bank Conversions and Mergers; and Voluntary Mergers ofFederally Insured Credit Unions

The National Credit Union Administration (NCUA) has issued a proposed rule on "Bylaws; Bank Conversions and Mergers; and Voluntary Mergers of Federally Insured Credit Unions." The proposal would establish new disclosure and notice requirements for merging federal credit unions (FCUs). Specifically, the proposed rule would require merging FCUs to disclose all merger-related financial arrangements for an expanded class of covered persons, not just senior management officials.

17-EA-10: NCUA - Examination Appeals Process

The National Credit Union Administration (NCUA) Board has approved a proposed rule regarding the appeals process. he NCUA Board seeks to promote efficiency, consistency, and transparency in the appeals process by developing a uniform set of procedures to govern all rules in which an appeal to the Board is permitted.

17-EA-11: NCUA - Supervisory Review Committee Appeals

The National Credit Union Administration (NCUA) Board has approved a proposed rule regarding the appeals process of material supervisory decisions to the Supervisory Review Committee (SRC).

17-EA-09: NCUA - 2017 Regulation Review

The National Credit Union Administration (NCUA) Office of General Counsel is publishing its annual Regulation Review, which evaluates one-third of current regulations for regulatory burdens or administrative hurdles.

17-EA-08: CFPB - Small Business Lending Information Collection RFI

The Consumer Financial Protection Bureau (CFPB) is publishing a Request for Information (RFI) to inform its rulemaking efforts to collect business lending data. The CFPB would like the industry to provide comments on the small business financing market, including understanding more about the products that are offered to small businesses, including women-owned and minority-owned (MO/WO) businesses.

17-EA-07: CFPB - CARD Act Review

The Consumer Financial Protection Bureau (CFPB) is requesting comments from the public to assist in its review of the consumer credit card market. A biennial review of the market is required by the Credit Card Accountability Responsibility and Disclosure Act of 2009 (CARD Act).

17-EA-06: CFPB - Amendments to HMDA Final Rule

The Consumer Financial Protection Bureau (CFPB) has issued a Notice of Proposed Rulemaking to solicit feedback on "Technical Corrections and Clarifying Amendments to the Home Mortgage Disclosure (Regulation C) October 2015 Final Rule."

17-EA-05: CFPB - Remittances Rule Assessment

The Consumer Financial Protection Bureau (CFPB) is requesting comment on its plans for assessing the February 2012 Final Rule on remittance transfers (Remittance Rule) and all of its related amendments.

17-EA-04: CFPB - Alternative Data RFI

The Consumer Financial Protection Bureau (CFPB) is publishing this Request for Information (RFI) to seek information about the potential use of alternative data and modeling techniques in the credit process.

17-EA-03: NCUA - Alternative Capital ANPR

The National Credit Union Administration (NCUA) has issued an Advance Notice of Proposed Rulemaking (ANPR) to solicit feedback on potential alternative capital frameworks.

17-EA-02: CDFI Fund - Request for Information Regarding Current Policies and Procedures

The CDFI Fund seeks to increase the number of credit unions certified as CDFIs. Recent developments have included the release of a streamlined application process for certain credit unions seeking CDFI designation.

17-EA-01: Treasury - Participation in the Automated Clearing House

On November 30, 2016, the Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service) issued a proposal to address changes that NACHA – The Electronic Payments Association (NACHA) has made to its operating rules since the publication of the 2013 NACHA Operating Rules & Guidelines book. In general, the proposal would align 31 CFR part 210, which governs the use of the ACH Network by Federal agencies, with the 2014, 2015, and 2016 amendments to the NACHA Operating Rules & Guidelines.