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Federal Regulations

Federal regulations most commonly referenced by credit unions grouped by regulatory agency.

 

CFR | CFPB | DOJ | DOL | EEOC | FRB | FTC | HUD | IRS | NCUA | SBA | TREAS

CFR - Code of Federal Regs (all)
_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.


CFPB - Consumer Financial Prot Bureau
_CFPB Regulations Quick Links
List of Quick Links to the Electronic Code of Federal Regulations

_FED REG: Integrated Mortgage Disclosures Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z), Federal Register 78 FR 79730 (Dec. 31, 2013)
This is the CFPB's final “Know Before You Owe” rule as published in the Federal Register on December 31, 2013. It does not take effect until August 1, 2015. This document includes the new text of Regulation Z 1026.37 - .38, the corresponding Commentary, and supplementary information. The rule adds two sections to Regulation Z, but various other parts of the rule are amended.

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).


CFPB: 12 CFR 1002
Equal Credit Opportunity (Reg. B)

CFPB: 12 CFR 1002._6
Equal Credit Opportunity Act (Reg. B)
1002.6 Rules concerning evaluation of applications.

CFPB: 12 CFR 1002.12
Equal Credit Opportunity (Reg. B)
1002.12 Record retention.

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
Financial institution.

*****
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.

CFPB: 12 CFR 1003 Supplement I - Staff Commentary 1003.4(d)
Home Mortgage Disclosure (Reg. C)
SUPPLEMENT I TO PART 1003—STAFF COMMENTARY

Section 1003.4—Compilation of Loan Data
4(d) Excluded data.
  1. 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 1004
Alternative Mortgage Transaction Parity (Reg. D).

CFPB: 12 CFR 1005
Electronic Fund Transfers (Reg. E)

CFPB: 12 CFR 1005.13(b)
Electronic Fund Transfers (Reg. E)
205.13 Administrative enforcement; record retention.
(b) Record retention.

CFPB: 12 CFR 1007 (Reg. G)
S.A.F.E. Mortgage Licensing Act - Federal Registration of Residential Mortgage Loan Originators
1007.101 Authority, purpose, and scope.
1007.102 Definitions.
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 1013
Consumer Leasing (Reg. M)

CFPB: 12 CFR 1014
Mortgage Acts and Practices-Advertising (Reg. N)
1014.1 Scope of regulations in this part.
1014.2 Definitions.
1014.3 Prohibited representations.
1014.4 Waiver not permitted.
1014.5 Recordkeeping requirements.
1014.6 Actions by states.
1014.7 Severability.

CFPB: 12 CFR 1014.5
Mortgage Acts and Practices-Advertising (Reg. N)
1014.5 Recordkeeping requirements.

CFPB: 12 CFR 1016
Privacy of Consumer Financial Information (Reg. P)
The Consumer Financial Protection Bureau (CFPB) privacy rule applies to all federally-insured financial institutions, as required by the Gramm-Leach-Bliley Act (the GLB Act or Act). The rule requires credit unions to have a privacy policy and provide certain disclosures and notices to individuals about whom credit unions collect nonpublic personal information. It also restricts a credit union’s ability to disclose nonpublic personal information, including giving individuals in some cases an opportunity to opt out of the disclosure.

CFPB: 12 CFR 1022
Fair Credit Reporting (Reg. V)

CFPB: 12 CFR 1024.10(e)
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
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) (Reg. X)
1024.14 Prohibition against kickbacks and unearned fees.


CFPB: 12 CFR 1024.14(h)
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
1024.14 Prohibition against kickbacks and unearned fees.
(h) Recordkeeping.

CFPB: 12 CFR 1024.15
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
1024.15 Affiliated business arrangements.


CFPB: 12 CFR 1024.15(d)
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
1024.15 Affiliated business arrangements.
(d) Recordkeeping.

CFPB: 12 CFR 1024.17
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
1024.17 Escrow accounts.

CFPB: 12 CFR 1024.17(l)
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
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 1024.37
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
Subpart C — Mortgage Servicing
§1024.37 Force-placed insurance.
  • (a) Definition of force-placed insurance.
  • (b) Basis for charging borrower for force-placed insurance.
  • (c) Requirements before charging borrower for force-placed insurance.
  • (d) Reminder notice.
  • (e) Renewing or replacing force-placed insurance.
  • (f) Mailing the notices.
  • (g) Cancellation of force-placed insurance.
  • (h) Limitations on force-placed insurance charges.
  • (i) Relationship to Flood Disaster Protection Act of 1973.


CFPB: 12 CFR 1024.37_Appendix MS-3(A) to Part 1024
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
Subpart C — Mortgage Servicing.
§1024.37(c)(2) Force-placed insurance.
(c) Requirements before charging borrower for force-placed insurance.
    (2) Content of notice.
  • Appendix MS-3(A) — Model Form for Force-Placed Insurance Notice Containing Information Required By §1024.37(c)(2).
[First Notice]

CFPB: 12 CFR 1024.37_Appendix MS-3(B) to Part 1024
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
Subpart C — Mortgage Servicing.
§1024.37(d)(2)(i) Force-placed insurance.
(d) Reminder notice.
  (2) Content of the reminder notice.
    (i) Servicer receiving no insurance information. A servicer that receives no hazard insurance information after delivering to the borrower or placing in the mail the notice required by paragraph (c)(1)(i) of this section must set forth in the notice required by paragraph (c)(1)(ii) of this section:. . . .
  • Appendix MS-3(B)—Model Form for Force-Placed Insurance Notice Containing Information Required By §1024.37(d)(2)(i).
[Reminder Notice - No insurance information from consumer in response to initial notice.]

CFPB: 12 CFR 1024.37_Appendix MS-3(C) to Part 1024
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
Subpart C — Mortgage Servicing.
§1024.37(d)(2)(ii) Force-placed insurance.
(d) Reminder notice.
  (2) Content of the reminder notice.
    (ii) Servicer not receiving demonstration of continuous coverage. A servicer that has received hazard insurance information after delivering to a borrower or placing in the mail the notice required by paragraph (c)(1)(i) of this section, but has not received, from the borrower or otherwise, evidence demonstrating that the borrower has had hazard insurance coverage in place continuously, must set forth in the notice required by paragraph (c)(1)(ii) of this section the following information: . . . .
  • Appendix MS-3(C)—Model Form for Force-Placed Insurance Notice Containing Information Required By §1024.37(d)(2)(ii).
[Reminder Notice - Borrower provided insurance information but servicer cannot verify . .]

CFPB: 12 CFR 1024.37_Appendix MS-3(D) to Part 1024
Real Estate Settlement Procedures Act (RESPA) (Reg. X)
Subpart C — Mortgage Servicing.
§1024.37(e)(2) Force-placed insurance.
(e) Renewing or replacing force-placed insurance.
  (2) Content of renewal notice. The notice required by paragraph (e)(1)(i) of this section shall set forth the following information: . . . .
  • Appendix MS-3(D) — Model Form for Renewal or Replacement of Force-Placed Insurance Notice Containing Information Required by §1024.37(e)(2).


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 Appendix D to Part 1026
Truth in Lending (Reg. Z)
Appendix D - Multiple Advance Construction Loans.

CFPB: 12 CFR 1026._4
Truth in Lending (Reg. Z) - Open-End Credit
1026.4 Finance Charge.

CFPB: 12 CFR 1026._6
Truth in Lending (Reg. Z) - Open-End Credit
1026.6 Account-opening disclosures.

CFPB: 12 CFR 1026._7
Truth in Lending (Reg. Z) - Open-End Credit
1026.7 Periodic statement.

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 1026.13
Truth in Lending (Reg. Z) - Open-End Credit
1026.13 Billing error resolution.

CFPB: 12 CFR 1026.15
Truth in Lending (Reg. Z) - Open-End Credit
1026.15 Right of rescission.

CFPB: 12 CFR 1026.16
Truth in Lending (Reg. Z) - Open-End Credit
1026.16 Advertising.

CFPB: 12 CFR 1026.18
Truth in Lending (Reg. Z) - Closed-End Credit
1026.18 Content of disclosures.
See (f) Variable rate.


CFPB: 12 CFR 1026.18
Truth in Lending (Reg. Z) - Closed-End Credit
1026.18 Content of disclosures.
See (f) Variable rate.
See (j) Total sale price.

CFPB: 12 CFR 1026.19
Truth in Lending (Reg. Z) - Closed-End Credit
1026.19 Certain residential mortgage and variable-rate transactions.
  • See (b) Certain variable-rate transactions.

CFPB: 12 CFR 1026.20
Truth in Lending (Reg. Z) - Closed-End Credit
1026.20 Subsequent disclosure requirements.
  • See (c) Variable-rate adjustments.

CFPB: 12 CFR 1026.24
Truth in Lending (Reg. Z)- Closed-End Credit
1026.24 Advertising.

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 1026.27
Truth in Lending (Reg. Z)
1026.27 Language of disclosure.

CFPB: 12 CFR 1026.31 to 1026.39
Truth in Lending (Reg. Z)
Subpart E - Special Rules for Certain Home Mortgage Transactions. (1026.31 - 1026.39)

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 1026.35(c)new
Truth in Lending (Reg. Z)
Subpart E - Special Rules for Certain Home Mortgage Transactions.
1026.35 Requirements for higher-priced mortgage loans.
(c) Appraisals

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:
  • See (d)(12)
      Disclosures for variable-rate plans.

CFPB: 12 CFR 1026.42
Truth in Lending (Reg. Z)
1026.42 Valuation independence.

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.
  • See (b)(1) Annual percentage rate.

CFPB: 12 CFR 1026_Appendix Q to Part 1026
Truth in Lending (Reg. Z)
Appendix Q - Standards for Determining Monthly Debt and Income.

CFPB: 12 CFR 1026_Supplement I to Part 1026
Truth in Lending (Reg. Z)
Official Staff Interpretations


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.

DOL: 29 CFR 825
The Family and Medical Leave Act of 1993


EEOC - Equal Employment Opport‘y Com
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 204
Reserve Requirements of Depository Institutions (Reg. D)

FRB: 12 CFR 210
Collection of Checks and Other Items by Federal Banks and Fund Transfers Through FEDWIRE (Reg. J)

FRB: 12 CFR 219
Reimbursement to Financial Institutions for Assembling or Providing Financial Records (Reg. S)

FRB: 12 CFR 219.24
Reimbursement to Financial Institutions for Assembling or Providing Financial Records (Reg. S)
219.24 Retention period.

FRB: 12 CFR 221
Credit Secured by Margin Stock (Reg. U)

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 - Federal Trade Commission
FTC: 16 CFR 310
Telemarketing Sales Rule

FTC: 16 CFR 312
Children's Online Privacy Protection Rule

FTC: 16 CFR 313
Privacy of Consumer Financial Information

FTC: 16 CFR 433
Preservation of Consumers' Claims and Defenses

FTC: 16 CFR 444
Credit Practices


FTC: 16 CFR 602
Fair and Accurate Credit Transactions Act of 2003

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

HUD: 24 CFR 108
Fair Housing
108 Compliance Procedures for Affirmative Fair Housing Marketing

HUD: 24 CFR 110
Fair Housing
110 Fair Housing Poster


IRS
IRS 26 CFR 1.511-4
Taxation of Business Income of Certain Exempt Organizations
1.511-4 Provisions generally applicable to the tax on unrelated business income.


NCUA - NCUA Rules and Regulations
NCUA Regulations


NCUA: 12 CFR 700-797
Regulations Affecting Credit Unions

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:
(c)General Rules.
    (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 702
Prompt Corrective Action

NCUA: 12 CFR 703
Investment and Deposit Activities (FCUs only)

NCUA: 12 CFR 703.17
Investment and Deposit Activities
703.17 Conflict of interest.

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:
  • Appendix A - Annual Percentage Yield Calculation.
  • Appendix B - Model Clauses and Sample Forms.
  • Appendix C - Official Staff Interpretations.

NCUA: 12 CFR 707 - Official Interpretations
Truth in Savings (Reg. DD) - Appendix C: Official Interpretations
See 3(b)3 Foreign language.

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 707.8
Truth in Savings (Reg. DD)
707.8 Advertising.

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)
  • § 712.1 What does this part cover?
  • § 712.2 How much can an FCU invest in or loan to CUSOs, and what parties may participate?
  • § 712.3 What are the characteristics of and what requirements apply to CUSOs?
  • § 712.4 What must a FICU and a CUSO do to maintain separate corporate identities?
  • § 712.5 What activities and services are preapproved for CUSOs?
  • § 712.6 What activities and services are prohibited for CUSOs?
  • § 712.8 What transaction and compensation limits might apply to individuals related to both an FCU and a CUSO?
  • § 712.9 [Reserved]
  • § 712.10 How can a state supervisory authority obtain an exemption for FISCUs from compliance with §712.3(d)(1), (2), and (3)?
  • § 712.11 What requirements apply to subsidiary CUSOs?


NCUA: 12 CFR 713
Fidelity Bond and Insurance Coverage for Federal Credit Unions

NCUA: 12 CFR 721
Incidental Powers, for federally-chartered credit unions
  • §721.1 What does this part cover?
  • §721.2 What is an incidental powers activity?
  • §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?
  • (a) Certification services.
  • (b)(1) Charitable contributions and donations.
  • (b)(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.
  • (l) Stored value products.
  • (m) Trustee or custodial services.
[See the rule for limitations and other details.]

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 722
Appraisals

NCUA: 12 CFR 723
Member Business Loans (FCUs)

NCUA: 12 CFR 723.2
Member Business Loans (FCUs)
723.2 What are the prohibited activities?

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
740.0 Scope.
740.1 Definitions.
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
Requirements for Insurance

NCUA: 12 CFR 741.12
Liquidity and contingency funding plans.


NCUA: 12 CFR 741.203
Requirements for Insurance
741.203 Minimum loan policy requirements.

NCUA: 12 CFR 741.219
Requirements for Insurance
741.219 Investment requirements.

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
Requirements for Insurance
12 CFR 741_Appendix C - Interpretive Ruling and Policy Statement on Loan Workouts, Nonaccrual Policy, and Regulatory Reporting of Troubled Debt Restructured Loans.

This Interpretive Ruling and Policy Statement (IRPS) establishes requirements for the management of loan workout arrangements, loan nonaccrual, and regulatory reporting of troubled debt restructured loans....

This IRPS applies to all federally insured credit unions.

Under this IRPS, TDR loans are as defined in generally accepted accounting principles (GAAP) and the Board does not intend through this policy to change the Financial Accounting Standards Board's (FASB) definition of TDR in any way. In addition to existing agency policy, this IRPS sets NCUA's supervisory expectations governing loan workout policies and practices and loan accruals.

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 - Guidelines for Safeguarding Member Information.
  • Appendix B - Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice.

  • NCUA: 12 CFR 748_Appendix A
    Security Program, Report of Suspected Crimes, Suspicious Transactions, Catastrophic Acts and Bank Secrecy Act Compliance
    Appendix A - Guidelines for Safeguarding Member Information

    I. Introduction
  • A. Scope
  • B. Definitions

    II. Guidelines for Safeguarding Member Information
  • A. Information Security Program
  • B. Objectives

    III. Development and Implementation of Member Information Security Program
  • A. Involve the Board of Directors
  • B. Assess Risk
  • C. Manage and Control Risk
  • D. Oversee Service Provider Arrangements
  • E. Adjust the Program
  • F. Report to the Board
  • G. Implement the Standards


  • NCUA: 12 CFR 748_Appendix A as regards security policy
    Security Program, Report of Crime and Catastrophic Act and Bank Secrecy Act Compliance
    Appendix A: Guidelines for Safeguarding Member Information.
    III. Development and Implementation of Member Information Security Program
  • A. Involve the Board of Directors. The board of directors or an appropriate committee of the board of each credit union should:
  • 1. Approve the credit union's written information security policy and program; and....

  • NCUA: 12 CFR 748_Appendix B
    Security Program, Report of Suspected Crimes, Suspicious Transactions, Catastrophic Acts and Bank Secrecy Act Compliance
    Appendix B - Guidance on Response Programs for Unauthorized Access to Member Information and Member Notice
    This Guidance in Appendix B interprets the Gramm-Leach-Bliley Act and describes response programs, including member notification procedures, that a federally insured credit union should develop and implement to address unauthorized access to or use of member information that could result in substantial harm or inconvenience to a member.

    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 749_Appendix B
    Records Preservation Program and Appendices..
    Appendix B. Catastrophic Act Preparedness Guidelines.

    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._5
    Loans in Areas Having Special Flood Hazards
    760.5 Escrow requirement.

    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.


    SBA - Small Business Administration
    SBA: 13 CFR 120
    Small Business Administration - Business Loans


    TREAS – Dept of the Treasury Mon Off
    TREAS: 31 CFR 1000-1099 (Chapter X)
    Financial Crimes Enforcement Network Department of the Treasury (Bank Secrecy Act).
    • Subpart B - Reports Required to be Made.
    • Subpart C - Records Required to be Maintained.
    • 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 210
    Federal Government Participation in the Automated Clearing House
    § 210.1 Scope; relation to other regulations - This part governs all entries and entry data originated or received by an agency through the Automated Clearing House (ACH) network, except as provided in paragraphs (a) and (b) of this section. This part also governs reclamations of benefit payments.

    (a) Federal tax payments received by the Federal Government through the ACH system that are governed by part 203 of this title shall not be subject to any provision of this part that is inconsistent with part 203.

    (b) ACH credit or debit entries for the purchase of, or payment of principal and interest on, United States securities that are governed by part 370 of this title shall not be subject to any provision of this part that is inconsistent with part 370

    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.