Proposed Regulations

Recently, the Small Business Administration (SBA) issued a proposed rule to incorporate its risk-based lender oversight program into SBA regulations in order to provide for a more coordinated and effective oversight of financial institutions originating and managing SBA guaranteed loans.

Recently, the National Credit Union Administration (NCUA) issued for public comment proposed amendments to §701.23 of its rules and regulations. Specifically, the proposal would add a conflict of interest provision in order to help ensure that decisions regarding the purchase, sale, and pledge of eligible obligations are made in the best interest of the credit union.

Today, the Department of Defense (DoD) published in the Federal Register a proposed rule to implement the consumer protections included in Section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Defense Act), Public Law 109-364; 10 U.S.C. § 987. The proposed rule is intended to regulate the terms of consumer credit extended by creditors to active duty service members and their dependents.

On January 8, 2006, the Department of Housing and Urban Development (HUD) issued a proposed rule regarding home equity conversion mortgage (HECM) counseling. The proposed rule would establish testing standards to qualify individuals as HECM counselors, establish a roster of eligible HECM counselors, and provide for their removal for cause.

The proposed IRPS provides guidance to FICUs regarding the actions prohibited by the statute, and also contains procedures for applying for consent by the NCUA Board.

The proposed rule would prohibit seven credit card practices: (1) Unfair time constraints for consumers to make payments; (2) Unfair allocation of payments among balances with different interest rates; (3) Unfair application of increased APR to outstanding balances; (4) Unfair fees for exceeding the credit limit solely because of a hold placed on an account; (5) Unfair balance computation method; (6) Unfair financing of security deposits and fees for issuance or availability of credit; and (7) Deceptive firm offers of credit.

The proposal would amend the definition of “unauthorized entry” to clarify that a purported authorization that is unclear or deceptive is not a valid authorization.

In September 2005, the eRulemaking program launched the Federal Docket Management System (FDMS), greatly expanding public access to information and improving agency management of the rulemaking process. FDMS serves as an electronic document repository, enabling departments and agencies to post all rulemaking and non-rulemaking documents for public access and comment.

The proposed rule will exclude investments made under the Credit Union System Investment Program (CU SIP) and the Credit Union Homeowners Affordability Relief Program (CU HARP) from the calculation for total assets.

Recently, the National Credit Union Administration (NCUA) issued an interim final rule providing an exception to the 20-year maturity limit on second mortgages for federal credit unions that participate in the U.S. Department of Treasury's Making Home Affordable Program.

The NACHA Operating Rules (Rules) currently address “internet-initiated entries” (WEB) and require use of the WEB Standard Entry Class (SEC) code for those payments. The Rules do not address mobile ACH payments specifically.

The proposal clarifies, but does not substantively alter, certain changes to overdraft protection programs implemented in the Federal Reserve Board's (the Board) November 2009 rule (the November Rule) amending Regulation E.

On July 26, 2001, the National Credit Union Administration (NCUA) approved a proposed rule to require all federally insured credit unions to file quarterly Financial and Statistical Reports (“Call Reports”).

On February 15, 2001, the National Credit Union Administration (NCUA) approved a proposed rule to amend Part 749, NCUA's rule on vital records preservation.

On Thursday, September 7, the NCUA Board unanimously approved an advance notice of proposed rulemaking (ANPR) on overseas branching by federally insured statechartered credit unions.

At a February 3 special meeting, the NCUA Board approved a proposed rule on a risk-based net worth requirement for “complex” credit unions. This rulemaking is the result of a requirement in the Credit Union Membership Access Act (CUMAA) to define credit unions that are complex by reason of their portfolios of assets and liabilities.

NACHA has issued a request for comment on a proposed rule change that would permit the conversion/truncation of certain corporate checks in the Accounts Receivable Entries (ARC), Point-of-Purchase (POP) and Re-presented Check Entries (RCK) applications.

On September 19, the NCUA Board unanimously approved a proposed rule concerning revisions to §701.19 clarifying the scope of the rule and the investments Federal credit unions may use to fund employee benefits.

On May 24, 2002, Rules Work Group #52 of the National Automated Clearing House Association (NACHA) published a second set of proposed amendments that would modify the NACHA Operating Rules to address inconsistencies that have been identified within the Rules and to modify certain aspects of various applications to function more efficiently in today's marketplace.

Recently, the Federal Reserve Board (Board) published proposed rules designed to establish uniform standards for providing disclosures under five consumer protection regulations: B (Equal Credit Opportunity); E (Electronic Fund Transfers); M (Consumer Leasing); Z (Truth in Lending); and DD (Truth in Savings).