As part of the ongoing implementation of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Office of the Comptroller of the Currency (OCC) is making applicable to federal savings associations (FSA) certain OCC guidance and reaffirming as applicable to FSAs certain interagency guidance. The OCC is also rescinding several Office of Thrift Supervision documents.
As explained in OCC Bulletin 2011-47, “OTS Integration: Supervisory Policy Integration Process,” the OCC is committed to evaluating former OTS guidance, addressing common supervisory issues consistently, and accommodating regulatory and statutory differences appropriately. The OCC’s goal is to produce a consistent supervisory approach and integrated policy platform for national banks and FSAs, while recognizing differences anchored in statute.
As the OCC has progressed through the policy integration process, we have found instances where the OCC issued guidance on a particular topic and the former OTS did not issue like guidance. The OCC guidance is useful in the risk management, operations, or examination of FSAs as well as national banks. Further, the OCC guidance is referenced in revised booklets of the Comptroller’s Handbook that apply to FSAs. Therefore, with the issuance of this bulletin, the OCC is applying to FSAs certain guidance issued before the OTS integration date as listed in appendix A.
Please contact John Eckert, Director, Operational Risk and Core Policy, at (202) 649-6550.
Jennifer C. Kelly
Senior Deputy Comptroller and Chief National Bank Examiner
|Advisory Letter 2002-3
||“Guidance on Unfair or Deceptive Acts or Practices”
||Informs national banks and their operating subsidiaries about the risks present in engaging in lending and marketing practices that may constitute unfair or deceptive acts or practices and to help national banks avoid being placed in jeopardy of penalties, judgments, and harm to their reputations that can result from such practices.
See also OCC Bulletin 2014-42, “Credit Practices Rules: Interagency Guidance Regarding Unfair or Deceptive Credit Practices.”
|Banking Circular 182
||“Issuance of ‘Due Bills’ to Customers Purchasing Securities”
||Cautions national banks as to the implications under the federal securities and national banking laws of certain practices involving "due bills" in securities transactions and sets forth guidelines concerning the proper use of "due bills."
|Banking Circular 235
||“International Payments Systems Risks”
||Discusses risks associated with large payment systems at a general level and discusses methods that should be used to contain risk.
||“Certification Authority Systems: Guidance for Bankers and Examiners”
||Explains the background and risks associated with certification authority systems.
||“Property Assessed Clean Energy (PACE) Programs: Supervisory Guidance”
||Federal Housing Finance Agency statement that highlights concerns and regulatory expectations regarding certain state and local lending programs for energy retrofitting of residential and commercial properties, frequently termed a Property Assessed Clean Energy (PACE) program.
|Banking Bulletin 1993-35
||“Interagency Definition of Special Mention Assets”
||Clarifies use of the Special Mention Assets definition for regulatory supervision purposes.
|Banking Bulletin 1993-38
||“Interagency Examination Coordination Guidelines”
||Addresses the coordination and cooperation among the federal banking agencies in examining and supervising banking organizations.
||“Appraisals: Affordable Housing Loans and Market Value”
||Clarifies the use of appraisals for affordable housing loans.
||“Uniform Financial Institutions Disclosure Rating System and Disclosure of Component Ratings: Questions and Answers”
||Questions and Answers regarding the revised rating system and the addition of the Sensitivity to Market Risk component.
||“Investment Securities: Policy Statement”
||Outlines effective risk management practices for a bank’s securities and end-user derivatives activities.
||“Civil Money Penalties: Interagency Statement”
||General guidance concerning the criteria used by the federal financial institutions regulatory agencies in the assessment of civil money penalties.
||“Mortgage Brochure: Message to Bankers/Examiners”
||Consumer brochure about shopping and negotiating for a mortgage.
||“Loans Held for Sale: Guidance”
||Covers the accounting and reporting treatment for certain loans that are sold directly from the loan portfolio or transferred to a held-for-sale account.
||“Consumer Protections for Depository Institution Sales of Insurance: Interagency Guidance”
||Interagency response to questions from the American Bankers Association and the American Bankers Insurance Association regarding implementation of the final rule.
||“Credit Card Lending: Account Management and Loss Allowance Guidance”
||Purpose is to ensure that financial institutions conduct credit card lending in a safe and sound manner by establishing sound account management, risk management, and loss allowance practices.
||“Mortgage Banking: Interagency Advisory on Mortgage Banking”
||Highlights concerns and provides guidance regarding mortgage-banking activities, primarily in the valuation and hedging of mortgage-servicing assets.
||“Liquidity Risk Management: Interagency Advisory on the use of the Federal Reserve’s Primary Credit Program in Effective Liquidity Management”
||Provides background on the Federal Reserve's discount window credit programs and guidance on the appropriate use of the primary credit program in developing an effective liquidity risk management program.
||“Banks/Thrifts Providing Financial Support to Funds Advised by the Banking Organization or its Affiliates: Interagency Guidance”
||Alerts banking organizations and examiners of the safety and soundness implications of, and the legal impediments to, a bank providing financial support to investment funds advised by the bank, its subsidiaries, or affiliates.
||“Suspicious Activity Reporting: Interagency Advisory: Federal Court Reaffirms Protections for Financial Institutions Filing Suspicious Activity Reports”
||Informs financial institutions about a federal court case that reaffirmed the statutory protection from civil liability arising out of the filing of Suspicious Activity Reports by financial institutions and their employees.
||“Certain Foreign Accounts: Guidance on Accepting Accounts From Foreign Governments, Foreign Embassies and Foreign Political Figures”
||Guidance on accepting accounts from foreign governments, foreign embassies and foreign political figures.
||“Home Equity Lending: Addendum to OCC Bulletin 2005-22”
||Addresses the timing and content of communications with consumers obtaining open-end home equity lines of credit (HELOC) that contain an interest-only feature.
||“Complex Structured Finance Transactions: Notice of Final Interagency Statement”
||Sound practices concerning complex structured finance activities that may pose heightened legal or reputational risks to financial institutions.
||“Bank Secrecy Act/Anti-Money Laundering: 2007 National Money Laundering Strategy”
||The 2007 National Money Laundering Strategy identifies areas where federal agencies will continue to enforce or expand existing anti-money laundering guidance.
||“Pandemic Planning: Interagency Guidance”
||Business continuity planning that should be in place to minimize the potential adverse effects of a pandemic.
||“Final Guidance on Supervisory Review Process (Pillar 2): Supervisory Guidance on Pillar 2 Reviews Related to Implementation of Basel II Advanced Approaches Rule”
||Outlines the supervisory review process for banking organizations implementing the advanced capital adequacy framework known as Basel II Advanced Approaches Rule.
||“Regulatory Capital Impact of Losses on Fannie Mae and Freddie Mac Preferred Stock: Interagency Statement”
||Allows banking organizations to recognize the effect of the tax change enacted in section 301 of the Emergency Economic Stabilization Act of 2008 (EESA) in their third-quarter 2008 regulatory capital calculations.