_Code of Federal Regulations (GPO Access)
The e-CFR is an online compilation of the Code of Federal Regulations (CFR) material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Printing Office.
The Consumer Financial Protection Bureau (CFPB) recently issued a press release, bulletin, and interim final rule amending and clarifying parts of the mortgage servicing regulations that went into effect Jan. 10, 2014.
CFPB: 12 CFR 1002.14 Equal Credit Opportunity (Reg. B) 1002.14 Rules on providing appraisal reports.
CFPB: 12 CFR 1003 Home Mortgage Disclosure Act (Reg. C). The regulation is supplemented by:
Appendix A - Form & Instructions for Completion of HMDA Loan/Application Register.
Appendix B - Form & Instructions for Data Collection on Ethnicity, Race, Sex.
Supplement I to Part 1003 - Staff Commentary.
CFPB: 12 CFR 1003 Supplement I - Staff Commentary 1003.2 Home Mortgage Disclosure (Reg. C)
SUPPLEMENT I TO PART 1003—STAFF COMMENTARY Section 1003.2—Definitions
3. Coverage after a merger. Several scenarios of data-collection responsibilities for the calendar year of a merger are described below (click on link). Under all the scenarios, if the merger results in a covered institution, that institution must begin data collection January 1 of the following calendar year.
Section 1003.4—Compilation of Loan Data
4(d) Excluded data.
Mergers, purchases in bulk, and branch acquisitions. If a covered institution acquires loans in bulk from another institution (for example, from the receiver for a failed institution) but no merger or acquisition of the institution, or acquisition of a branch, is involved, the institution reports the loans as purchased loans.
CFPB: 12 CFR 1003.5 Home Mortgage Disclosure Act (Reg. C) 1003.5 Disclosure and reporting. (a) Reporting to agency. (1)
(d) Availability of data.
CFPB: 12 CFR 1005.13(b) Electronic Fund Transfers (Reg. E) 205.13 Administrative enforcement; record retention.
(b) Record retention.
CFPB: 12 CFR 1007 S.A.F.E. Mortgage Licensing Act - Federal Registration of Residential Mortgage Loan Originators
1007.101 Authority, purpose, and scope.
1007.103 Registration of mortgage loan originators.
1007.104 Policies and procedures.
1007.105 Use of unique identifier. Appendix A to Part 761—Examples of Mortgage Loan Originator Activities
CFPB: 12 CFR 1007.103(a)(4)(ii) S.A.F.E. Mortgage Licensing Act - Federal Registration of Residential Mortgage Loan Originators (Reg. G)
1007.103 Registration of mortgage loan originators. (a) Registration requirement -
(4) Employees previously registered or licensed through the Registry -
******** (ii) Rule for certain acquisitions, mergers, or reorganizations. When registered or licensed mortgage loan originators become covered financial institution employees as a result of an acquisition, consolidation, merger, or reorganization, only the requirements of paragraphs (a)(4)(i)(A), (C), and (D) of this section must be met, and these requirements must be met within 60 days from the effective date of the acquisition, merger, or reorganization.
CFPB: 12 CFR 1014 Mortgage Acts and Practices-Advertising (Reg. N)
1014.1 Scope of regulations in this part.
1014.3 Prohibited representations.
1014.4 Waiver not permitted.
1014.5 Recordkeeping requirements.
1014.6 Actions by states.
CFPB: 12 CFR 1024.10(e) Real Estate Settlement Procedures Act (RESPA)
1024.10 One-day advance inspection of HUD–1 or HUD–1A settlement statement; delivery; recordkeeping.
(e) Recordkeeping. The lender shall retain each completed HUD–1 or HUD–1A and related documents for five years after settlement, unless the lender disposes of its interest in the mortgage and does not service the mortgage. In that case, the lender shall provide its copy of the HUD–1 or HUD–1A to the owner or servicer of the mortgage as a part of the transfer of the loan file. Such owner or servicer shall retain the HUD–1 or HUD–1A for the remainder of the five-year period. The Secretary shall have the right to inspect or require copies of records covered by this paragraph.
CFPB: 12 CFR 1024.14 Real Estate Settlement Procedures Act (RESPA)
1024.14 Prohibition against kickbacks and unearned fees.
CFPB: 12 CFR 1024.14(h) Real Estate Settlement Procedures Act (RESPA)
1024.14 Prohibition against kickbacks and unearned fees.
CFPB: 12 CFR 1024.15 Real Estate Settlement Procedures Act (RESPA)
1024.15 Affiliated business arrangements.
CFPB: 12 CFR 1024.15(d) Real Estate Settlement Procedures Act (RESPA)
1024.15 Affiliated business arrangements.
CFPB: 12 CFR 1024.17(l) Real Estate Settlement Procedures Act (RESPA)
1024.17 Escrow accounts.
(l) System of recordkeeping.
CFPB: 12 CFR 1024.33 Real Estate Settlement Procedures Act (RESPA) (Reg. X) Subpart C — Mortgage Servicing § 1024.33 Mortgage servicing transfers. If servicing of the loan is assigned, provide the notice in compliance with RESPA. See § 1024.33(b) Notices of transfer of loan servicing for details.
CFPB: 12 CFR 1024.41 Real Estate Settlement Procedures Act (RESPA) (Reg. X) Subpart C — Mortgage Servicing § 1024.41 Loss mitigation procedures.
CFPB: 12 CFR 1026 Truth in Lending (Reg. Z) Appendices, model forms, and commentary are included in the link to the last section of the regulation:
Subpart A - General.
Subpart B - Open-end credit.
Subpart C - Closed-end credit.
Subpart D - Miscellaneous.
Subpart E - Special rules for certain home mortgage transactions.
Subpart F - Special Rules for Private Education Loans.
Subpart G—Special Rules Applicable to Credit Card Accounts and Open-End Credit Offered to College Students.
CFPB: 12 CFR 1026._9 Truth in Lending (Reg. Z) - Open-End Credit 1026.9 Subsequent disclosure requirements. For Variable Rate Loan:
See (c) Change in terms.
CFPB: 12 CFR 1026._9(f) Truth in Lending (Reg. Z) - Open-End Credit 1026.9(f) Change in credit card account insurance provider — (1) Notice prior to change. These disclosures apply if the credit union decides to change the provider of credit insurance on the credit card account. They consist of an advance notice of the change and another notice when the change occurs. They do not apply to changes in insurers not initiated by the credit union (such as resulting from acquisitions or mergers of insurance companies). Nor do they apply to changes in insurers where the credit union pays for the credit insurance without charge to the cardholders.
CFPB: 12 CFR 1026.25 Truth in Lending (Reg. Z) 1026.25 Record retention.
(a) General rule. A creditor shall retain evidence of compliance with this regulation (other than advertising requirements under §§226.16 and 226.24) for 2 years after the date disclosures are required to be made or action is required to be taken. The administrative agencies responsible for enforcing the regulation may require creditors under their jurisdictions to retain records for a longer period if necessary to carry out their enforcement responsibilities under section 108 of the act.
(b) Inspection of records. A creditor shall permit the agency responsible for enforcing this regulation with respect to that creditor to inspect its relevant records for compliance.
CFPB: 12 CFR 1026.34 Truth in Lending (Reg. Z) Subpart E - Special Rules for Certain Home Mortgage Transactions.
1026.34 Prohibited acts or practices in connection with high-cost mortgages.
CFPB: 12 CFR 1026.35 Truth in Lending (Reg. Z) Subpart E - Special Rules for Certain Home Mortgage Transactions.
1026.35 Requirements for higher-priced mortgage loans.
CFPB: 12 CFR 1026.36 Truth in Lending (Reg. Z) Subpart E - Special Rules for Certain Home Mortgage Transactions.
1026.36 Prohibited acts or practices in connection with credit secured by a dwelling.
See (a), (d), (e), and (f):
(a) Loan originator and mortgage broker defined.
(d) Prohibited payments to loan originators.
(e) Prohibition on steering.
(f) This section does not apply to a home-equity line of credit subject to § 226.5b. Section 226.36(d) and (e) do not apply to a loan that is secured by a consumer's interest in a timeshare plan described in 11 U.S.C. 101(53D).
CFPB: 12 CFR 1026.39 Truth in Lending (Reg. Z) Subpart E - Special Rules for Certain Home Mortgage Transactions. § 1026.39 Mortgage transfer disclosures. A mortgage transfer disclosure notice must be given to consumers when their open or closed-end mortgage loan secured by their primary residence has been sold or transferred. A purchaser or assignee that acquires a mortgage loan (including as part of a merger) must provide the disclosures in writing within 30 days. See Regulation and the Commentary for details.
CFPB: 12 CFR 1026.40 Truth in Lending (Reg. Z) - Open-End Credit 1026.40 Requirements for home equity plans. For Variable Rate Loan:
CFPB: 12 CFR 1026.43 Truth in Lending (Reg. Z) Subpart E - Special Rules for Certain Home Mortgage Transactions.
1026.43 Minimum standards for transactions secured by a dwelling.
CFPB: 12 CFR 1026.46 to 1026.48 Truth in Lending (Reg. Z)
Subpart F — Special Rules for Private Education Loans.
1026.46 Special disclosure requirements for private education loans.
1026.47 Content of disclosures.
1026.48 Limitations on private education loans.
CFPB: 12 CFR 1026.51 to .58 Truth in Lending (Reg. Z)
Subpart G—Special Rules Applicable to Credit Card Accounts and Open-End Credit Offered to College Students
1026.51 Ability to Pay.
1026.52 Limitations on fees.
1026.53 Allocation of payments.
1026.54 Limitations on the imposition of finance charges.
1026.55 Limitations on increasing annual percentage rates, fees, and charges.
1026.56 Requirements for over-the-limit transactions.
1026.57 Reporting and marketing rules for college student open-end credit. 1026.58 Internet posting of credit card agreements.
CFPB: 12 CFR 1026.60 Truth in Lending (Reg. Z) - Open-End Credit 1026.60 Credit and charge card applications and solicitations.
The Reg. X final rule implements servicers’ obligations to correct errors asserted by mortgage borrowers; to provide certain information requested by such borrowers; and to provide protections to such borrowers in connection with force-placed, servicers’ obligations to establish reasonable policies and procedures to achieve certain objectives; to provide information about mortgage loss mitigation.
The Reg. Z final rule implements rate adjustment notices for adjustable-rate mortgages, periodic statements for residential mortgage loans, prompt crediting of mortgage payments, and responses to requests for payoff amounts. amounts.
This rule is effective January 10, 2014.
CFPB: Ability to Repay and Qualified Mortgage Standards Under the Truth in Lending Act (Reg. Z), (January 30, 2013) (Eff. January 10, 2014)
The CFPB amended Reg. Z, which implements the Truth in Lending Act (TILA). Reg. Z currently prohibits a creditor from making a higher-priced mortgage loan without regard to the consumer’s ability to repay the loan. The final rule implements sections 1411 & 1412 of the Dodd-Frank Wall Street Reform & Consumer Protection Act (Dodd-Frank Act), which generally require creditors to make a reasonable, good faith determination of a consumer’s ability to repay any consumer credit transaction secured by a dwelling (excluding an open-end credit plan, timeshare plan, reverse mortgage, or temporary loan) & establishes certain protections from liability under this requirement for “qualified mortgages.” The final rule also implements section 1414 of the Dodd-Frank Act, which limits prepayment penalties. Finally, the final rule requires creditors to retain evidence of compliance with the rule for three years after a covered loan is consummated.
This rule is effective January 10, 2014.
CFPB: Appraisals for Higher-Priced Mortgage Loans, (February 13, 2013) (Eff. January 18, 2014)
This rule implements the Truth in Lending Act (TILA), and the official interpretation to the regulation. The revisions to Regulation Z implement a new provision requiring appraisals for “higher-risk mortgages” that was added to TILA by the Dodd-Frank Act. For mortgages with an annual percentage rate that exceeds the average prime offer rate by a specified percentage, the final rule requires creditors to obtain an appraisal or appraisals meeting certain specified standards, provide applicants with a notification regarding the use of the appraisals, and give applicants a copy of the written appraisals used.
CFPB: Escrow Requirements under the Truth in Lending Act (Reg. Z), (January 22, 2013) (Eff. June 1, 2013)
The CFPB is issuing a final rule that amends Regulation Z (Truth in Lending) to implement certain amendments to the Truth in Lending Act made by the Dodd-Frank Act. Regulation Z currently requires creditors to establish escrow accounts for higher-priced mortgage loans secured by a first lien on a principal dwelling. The rule implements statutory changes made by the Dodd-Frank Act that lengthen the time for which a mandatory escrow account established for a higher-priced mortgage loan must be maintained. The rule also exempts certain transactions from the statute’s escrow requirement. The primary exemption applies to mortgage transactions extended by creditors that operate predominantly in rural or underserved areas, originate a limited number of first-lien covered transactions, have assets below a certain threshold, and do not maintain escrow accounts on mortgage obligations they currently service.
This rule is effective June 1, 2013.
CFPB: High-Cost Mortgage and Homeownership Counseling Amendments to the Truth in Lending Act (Reg. Z) and Homeownership Counseling Amendments to the RESPA (Reg. X), (January 31, 2013) (Eff. January 10, 2014)
The CFPB issued this final rule to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act’s amendments to the Truth in Lending Act and the Real Estate Settlement Procedures Act. The final rule amends Regulation Z (Truth in Lending) by expanding the types of mortgage loans that are subject to the protections of the Home Ownership and Equity Protections Act of 1994 (HOEPA), revising and expanding the tests for coverage under HOEPA, and imposing additional restrictions on mortgages that are covered by HOEPA, including a pre-loan counseling requirement. The final rule also amends Regulation Z and Regulation X (Real Estate Settlement Procedures Act) by imposing certain other requirements related to homeownership counseling, including a requirement that consumers receive information about homeownership counseling providers.
Regulation Z – Truth in Lending
Subpart E—Special Rules for Certain Home Mortgage Transactions
§ 1026.37 Content of disclosures for certain mortgage transactions (Loan Estimate).
§ 1026.38 Content of disclosures for certain mortgage transactions (Closing Disclosure).
USDOJ: 28 CFR 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
DOL - Department of Labor
DOL: 29 CFR 500-899 Wage and Hour
Subchapter A - Regulations.
Subchapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations.
Subchapter C - Other Laws.
Subchapter D - Garnishment of Earnings.
EEOC: 29 CFR 1604 Equal Employment Opportunity Commission - Guidelines on Discrimination Because of Sex
EEOC: 29 CFR 1630 Equal Employment Opportunity Commission - Regulations to Implement Equal Employment Provisions of the Americans with Disabilities
FRB - Federal Reserve Board
Federal Reserve Board Regulations (FRB)
This website offers a brief description of the FRB Regulations from A through FF. It also offers helpful links such as proposal amendments, recent amendments, and compliance guidance.
FRB: 12 CFR 229 Availability of Funds and Collection of Checks (Reg. CC) This Federal Reserve Board regulation governs the availability of funds deposited in checking accounts and the collection and return of checks.
FRB: 12 CFR 229.13(g)(5) Availability of Funds and Collection of Checks (Reg. CC) This Federal Reserve Board regulation governs the availability of funds deposited in checking accounts and the collection and return of checks. 229.13 Exceptions.
(g) Notice of exception.
(5) Record retention. A depositary bank shall retain a record, in accordance with § 229.21(g), of each notice provided pursuant to its application of the reasonable cause exception under paragraph (e) of this section, together with a brief statement of the facts giving rise to the bank's reason to doubt the collectability of the check.
FRB: 12 CFR 229.21(g) Availability of Funds and Collection of Checks (Reg. CC) Subpart B-Availability of Funds and Disclosure of Funds Availability Policies
229.21 Civil Liability.
(g) Record retention. (1) A bank shall retain evidence of compliance with the requirements imposed by this subpart for not less than two years. Records may be stored by use of microfiche, microfilm, magnetic tape, or other methods capable of accurately retaining and reproducing information. (2) If a bank has actual notice that it is being investigated, or is subject to an enforcement proceeding by an agency charged with monitoring that bank's compliance with the EFA Act and this subpart, or has been served with notice of an action filed under this section, it shall retain the records pertaining to the action or proceeding pending final disposition of the matter, unless an earlier time is allowed by order of the agency or court.
FRB: 12 CFR 229.51 Availability of Funds and Collection of Checks (Reg. CC) 229.51 General provisions governing substitute checks.
FRB: 12 CFR 229_Appendix E - Commentary H. 229.13(g) Notice of Exception
***** 5. Record retention. A depositary bank must retain a record of each notice of a reasonable cause exception for a period of two years, or such longer time as provided in the record retention requirements of § 229.21. This record must contain a brief description of the facts on which the depositary bank based its judgment that there was reasonable cause to doubt the collectability of a check. In many cases, such as where the exception was invoked on the basis of a notice of nonpayment received, the record requirement may be met by retaining a copy of the notice sent to the customer. In other cases, such as where the exception was invoked on the basis of confidential information, a further description to the facts, such as insolvency of drawer, should be included in the record.
FTC: 16 CFR 698 Model Forms and Disclosures Appendix A: Model Prescreen Opt-Out Notices.
Appendix D: Standardized Form for Requesting Annual File Disclosures.
Appendix E: Summary of Consumer Identity Theft Rights.
Appendix F: General Summary of Consumer Rights.
Appendix G: Notice of Furnisher Responsibilities.
Appendix H: Notice of User Responsibilities.
FTC: 16 CFR 801 PART 801 — COVERAGE RULES
TITLE 16 — Commercial Practices
CHAPTER I — FEDERAL TRADE COMMISSION
SUBCHAPTER H — RULES, REGULATIONS, STATEMENTS AND INTERPRETATIONS UNDER THE HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS ACT OF 1976.
FTC: 16 CFR 802 PART 802 — EXEMPTION RULES TITLE 16 — Commercial Practices
CHAPTER I — FEDERAL TRADE COMMISSION SUBCHAPTER H — RULES, REGULATIONS, STATEMENTS AND INTERPRETATIONS UNDER THE HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS ACT OF 1976.
FTC: 16 CFR 803 PART 803 — TRANSMITTAL RULES TITLE 16 — Commercial Practices CHAPTER I — FEDERAL TRADE COMMISSION SUBCHAPTER H — RULES, REGULATIONS, STATEMENTS AND INTERPRETATIONS UNDER THE HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS ACT OF 1976.
HUD - Dept of Housing & Urban Develop
CFPB: 12 CFR 1024 Real Estate Settlement Procedures Act (RESPA) (Reg. X)
Appendix A - Instructions for Completing HUD-1 and HUD-1a Settlement Statements; Sample HUD-1 and HUD-1A Statements
Appendix C - Instructions for Completing Good Faith Estimate (GFE) Form
HUD: 24 CFR 100 Fair Housing
100 Discriminatory Conduct Under the Fair Housing Act
HUD: 24 CFR 107 Fair Housing
107 Nondiscrimination and Equal Opportunity in Houding Under Executive Order 11063
Specific Instructions for Form 1099-A: File Form 1099-A, for each borrower if you lend money in connection with your trade or business and, in full or partial satisfaction of the debt, you acquire an interest in property that is security for the debt, or you have reason to know that the property has been abandoned. You need not be in the business of lending money to be subject to this reporting requirement.
Coordination With Form 1099-C: If, in the same calendar year, you cancel a debt in connection with a foreclosure or abandonment of secured property, it is not necessary to file both Form 1099-A and Form 1099-C, Cancellation of Debt, for the same debtor. You may file Form 1099-C only. You will meet your Form 1099-A filing requirement for the debtor by completing boxes 4, 5, and 7 on Form 1099-C. However, if you file both Forms 1099-A & 1099-C ...
NCUA: 12 CFR 701.21(b)(1) Organization and Operation of Federal Credit Unions (FCU only) 701.21 Loans to members and lines of credit to members. See:
(b)Relation to other laws.
(1) Preemption of State Laws.
NCUA: 12 CFR 701.21(c)(3) & (8) Organization and Operation of Federal Credit Unions (FCU only) 701.21 Loans to members and lines of credit to members. See:
(3) Credit applications and overdrafts.
(8) [...commission, fee, or other compensation...]
NCUA: 12 CFR 701.21(d)(5) Organization and Operation of Federal Credit Unions (FCU only) 701.21 Loans to members and lines of credit to members. See:
(d) Loans and Lines of Credit for Officials.
(5) Nonpreferential treatment.
NCUA: 12 CFR 701.22 Organization and Operation of Federal Credit Unions 701.22 Loan participations. This section establishes the requirements a federally insured credit union must satisfy to purchase a participation in a loan. This section applies only to a federally insured credit union's purchase of a loan participation where the borrower is not a member of that credit union and where a continuing contractual obligation between the seller and purchaser is contemplated. Federally insured, state-chartered credit unions are required by §741.225 to comply with the loan participation requirements of this section.
NCUA: 12 CFR 701.31 Organization and Operation of Federal Credit Unions (FCU only)
701.31 Nondiscrimination requirements.
NCUA: 12 CFR 701.36(c) Organization and Operation of Federal Credit Unions (FCU only)
FCU Ownership of Fixed Assets. 701.36(c) Prohibited Transactions.
NCUA: 12 CFR 707 Truth in Savings Credit unions are subject to NCUA Part 707 Truth in Savings rather than the Federal Reserve Board's Reg. DD. Also, look for the following appendices at the end of 707.10:
NCUA: 12 CFR 707.4 - Appendix C to Part 707.4 - Official Interpretations Truth in Savings (Reg. DD) - Appendix C: Official Interpretations Section 707.4—Account Disclosures
(a) Delivery of Account Disclosures
(a)(1) Account Opening
2. Acquired accounts. New account disclosures need not be given when a credit union acquires an account through an acquisition of, or merger with, another credit union (but see § 707.5(a) regarding advance notice requirements if terms are changed).
NCUA: 12 CFR 707.9(c) Truth in Savings (Reg. DD) 707.9 Enforcement and record retention. (c) Record retention. A credit union shall retain evidence of compliance with this regulation for a minimum of two years after the date disclosures are required to be made or action is required to be taken.
NCUA: 12 CFR 708b Truth in Savings (Reg. DD) TITLE 12 — Banks and Banking
CHAPTER VII — NATIONAL CREDIT UNION ADMINISTRATION
SUBCHAPTER A — REGULATIONS AFFECTING CREDIT UNIONS
PART 708b — MERGERS OF FEDERALLY-INSURED CREDIT UNIONS; VOLUNTARY TERMINATION OR CONVERSION OF INSURED STATUS § 708b.1 Scope. (a) Subpart A of this partprescribes the procedures for merging one or more credit unions with a continuing credit union where at least one of the credit unions is federally-insured.
§ 708b.2 Definitions....
Subpart A — MERGERS § 708b.101 Mergers generally.
§ 708b.102 Special provisions for federal insurance.
§ 708b.103 Preparation of merger plan.
§ 708b.104 Submission of merger proposal to the NCUA.
§ 708b.105 Approval of merger proposal by the NCUA.
§ 708b.106 Approval of the merger proposal by members.
§ 708b.107 Certification of vote on merger proposal.
§ 708b.108 Completion of merger.
NCUA: 12 CFR 712 Credit Union Service Organizations (CUSOs) (FCUs and federally-insured credit unions)
§721.3 What categories of activities are preapproved as incidental powers necessary or requisite to carry on a credit union's business?
§721.4 How may a credit union apply to engage in an activity that is not preapproved as within a credit union's incidental powers?
§721.5 What limitations apply to a credit union engaging in activities approved under this part?
§721.6 May a credit union derive income from activities approved under this part?
§721.7 What are the potential conflicts of interest for officials and employees when credit unions engage in activities approved under this part?
NCUA: 12 CFR 721.3 Incidental Powers,for federally-chartered credit unions.
§721.3 What categories of activities are preapproved as incidental powers necessary or requisite to carry on a credit union's business? The categories of activities in this section are preapproved as incidental to carrying on your business under §721.2. The examples of incidental powers activities within each category are provided in this section as illustrations of activities permissible under the particular category, not as an exclusive or exhaustive list. (See the rule for limitations and other details.)
(a) Certification services. (b)(1) Charitable contributions and donations. (2) Charitable donation accounts. (c) Correspondent services. (d) Electronic financial services. (e) Excess capacity. (f) Financial counseling services. (g) Finder activities. (h) Loan-related products. (i) Marketing activities. (j) Monetary instrument services. (k) Operational programs..
NCUA: 12 CFR 721.3(m) Incidental Powers, for federally-chartered credit unions.
What categories of activities are preapproved as incidental powers necessary or requisite to carry on a credit union's business?
721.3(m) Trustee or custodial services. Trustee or custodial services are services in which you are authorized to act under any written trust instrument or custodial agreement created or organized in the United States and forming part of a tax-advantaged savings plan, as authorized under the Internal Revenue Code. These services may include acting as a trustee or custodian for member retirement, education and health savings accounts.
NCUA: 12 CFR 721.7 Incidental Powers, for federally-chartered credit unions. 721.7 What are the potential conflicts of interest for officials and employees when credit unions engage in activities approved under this part? (FCUs)
NCUA: 12 CFR 723.3 Member Business Loans (FCUs) 723.3 What are the requirements for construction and development lending?
NCUA: 12 CFR 724 Trustees and Custodians of Certain Tax-Advantaged Savings Plans
NCUA: 12 CFR 740 Accuracy of Advertising and Notice of Insured Status
740.2 Accuracy of advertising.
740.3 Advertising of excess insurance.
740.4 Requirements for the official sign.
740.5 Requirements for the official advertising statement.
NCUA: 12 CFR 741.3(b)(2) Requirements for Insurance Subpart A—Regulations That Apply to Both Federal Credit Unions and Federally Insured State-Chartered Credit Unions and That Are Not Codified Elsewhere in NCUA's Regulations. 741.3 Criteria.
(b) Financial condition and policies. The following factors are to be considered in determining whether the credit union's financial condition and policies are both safe and sound:
(2) The existence of written lending policies, including adequate documentation of secured loans and the protection of security interests by recording, bond, insurance or other adequate means, adequate determination of the financial capacity of borrowers and co-makers for repayment of the loan, adequate determination of value of security on loans to ascertain that said security is adequate to repay the loan in the event of default, loan workout arrangements, and nonaccrual standards that include the discontinuance of interest accrual on loans past ....
NCUA: 12 CFR 741.3(b)(3) Requirements for Insurance Subpart A—Regulations That Apply to Both Federal Credit Unions and Federally Insured State-Chartered Credit Unions and That Are Not Codified Elsewhere in NCUA's Regulations. 741.3 Criteria.
(b) Financial condition and policies. The following factors are to be considered in determining whether the credit union's financial condition and policies are both safe and sound:
(3) Investment policies which are within the provisions of applicable law and regulations, i.e., the Act and part 703 of this chapter for federal credit unions and the laws of the state in which the credit union operates for state-chartered credit unions, except state-chartered corporate credit unions. State-chartered corporate credit unions are permitted to make only those investments that are in conformance with part 704 of this chapter and applicable state laws and regulations.
NCUA: 12 CFR 741_Appendix C Interpretive Ruling and Policy Statement on Loan Workouts, Nonaccrual Policy, and Regulatory Reporting of Troubled Debt Restructured Loans
NCUA: 12 CFR 748 Security Program, Report of Suspected Crimes, Suspicious Transactions, Catastrophic Acts and Bank Secrecy Act Compliance
748.0 Security program.
748.1 Filing of reports.
748.2 Procedures for monitoring Bank Secrecy Act (BSA) compliance.
Appendix A to Part 748 --Guidelines for Safeguarding Member Information.
Appendix B to Part 748 --Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice.
NCUA: 12 CFR 749_Appendix A Records Preservation Program and Appendices--Record Retention Guidelines; Catastrophic Act Preparedness Guidelines
Appendix A: Record Retention Guidelines.
A. What Format Should the Credit Union Use for Retaining Records?
B. Who Is Responsible for Establishing a System for Record Disposal?
C. What Procedures Should a Credit Union Follow When Destroying Records?
D. What Are the Recommended Minimum Retention Times?
E. What Records Should Be Retained Permanently?
F. What Records Should a Credit Union Designate for Periodic Destruction?
NCUA: 12 CFR 760 Loans in Areas Having Special Flood Hazards The purpose of this regulation is to implement the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4129).
Except for §§760.6 and 760.8, the regulation applies to loans secured by buildings or mobile homes located or to be located in areas determined by the Director of the Federal Emergency Management Agency to have special flood hazards. Sections 760.6 and 760.8 apply to loans secured by buildings or mobile homes, regardless of location.
NCUA: 12 CFR 760.10 Loans in Areas Having Special Flood Hazards § 760.10 Notice of servicer's identity. When a credit union makes, increases, extends, renews, sells, or transfers a loan secured by a building or mobile home located in a special flood hazard area, it must notify the insurance provider, in writing, who the servicer is. This applies even if the credit union itself serves as the servicer. The compliance burden here is minimal, since the credit union would typically be dealing with the insurance provider.
The credit union must also notify the insurance provider of any later change in the servicer of a loan within 60 days after the effective date.
The merger or consolidation of a servicing credit union is treated as a change in servicer if it is not the surviving credit union. See the regulation for details.
Subpart E - Special Information Sharing Procedures to Deter Money Laundering and Terrorist Activity.
Subpart F - Special Standards of Diligence; Prohibitions; and Special Measures.
Subpart G - Administrative Rulings.
Subpart H - Enforcement; Penalties; and Forfeiture.
Subpart I - Summons.
Subpart J - Miscellaneous.
TREAS: 31 CFR 1010.610 Financial Crimes Enforcement Network Department of the Treasury (Bank Secrecy Act). Subpart F - Specail Standards of Diligence; Prohibitions; and Special Measures.
103.176 Due diligence programs for correspondent accounts for foreign financial institutions.
TREAS: 31 CFR 212 Garnishment of Accounts Containing Federal Benefit Payments
The purpose of this part is to implement statutory provisions that protect Federal benefits from garnishment by establishing procedures that a financial institution must follow when served a garnishment order against an account holder into whose account a Federal benefit payment has been directly deposited.
TREAS: 31 CFR 240 Money and Finance: Treasury
240 Indorsement and Payment of Checks Drawn on the United States Treasury.