hot topics 2011

44
www.rtefs.com Dependabilit y Experience Simplicity Value Hot Topics Spring Training Conference 2011

Upload: gary-hess

Post on 24-May-2015

417 views

Category:

Economy & Finance


1 download

DESCRIPTION

Gary Hess presented "Hot Topics" at CUConferences 2011 Spring Training conference.

TRANSCRIPT

Page 1: Hot Topics 2011

www.r te fs .com

DependabilityExperienceSimplicityValue

Hot TopicsSpring Training

Conference 2011

Page 2: Hot Topics 2011

www.r te fs .com

Agenda:Why Does it Matter?

Regulatory Changes

Discussion Intellectual Property IssuesLending DeclineGoing mobileOther

Page 3: Hot Topics 2011

www.r te fs .com

Why does it matter?

Page 4: Hot Topics 2011

www.r te fs .com

Why Does it Matter?It is part of the responsibility

taken on by directors. Federal Credit Union Bylaws Article VI. Section 6.

The board has the general direction and control of the affairs of this credit union and is responsible for performing all the duties customarily performed by boards of directors.

Directing the affairs of the credit union in accordance with the Act, these bylaws, the rules and regulations and sound business practices.

Page 5: Hot Topics 2011

www.r te fs .com

Why Does it Matter?Regulatory issues impact virtually every aspect of the operation of the credit union. It also impacts the financial performance of the credit union.

Cost of Privacy Disclosures, Regulation E Overdraft Disclosures, etc.

Cost of non compliance: Civil Money Penalties for BSA, HMDA and OFAC violations.

Page 6: Hot Topics 2011

www.r te fs .com

Why Does it Matter?

• Letter to Credit Unions 11-CU-01

In addition, NCUA has long held that every credit union should exercise appropriate due diligence in managing the risks associated with each area of credit union operations. It is imperative that the board of directors and management of every credit union review the credit union’s foreclosure process to ensure that the following elements are in place:

Page 7: Hot Topics 2011

www.r te fs .com

Letter to Credit Unions 11-CU-01• Appropriate policies and procedures for all aspects of the foreclosure process,

tailored to comply with the laws of each state the credit union does business in;

• Experienced and knowledgeable staff qualified to handle foreclosures;

• Effective internal controls surrounding the foreclosure process;

• Adequate oversight, due diligence, and control of third-party servicers performing foreclosures on behalf of the credit union;1

• Legally compliant documentation to support foreclosure actions; and

• Appropriate reporting to the board of directors of the number and volume of foreclosure actions and their financial impact on the credit union.

Page 8: Hot Topics 2011

www.r te fs .com

NCUA BudgetChairperson Matz statement in 12/10 newsletter:

This situation caused us to re-evaluate NCUA’s resource needs as well as examination procedures. As a result, NCUA hired 57 field staff this year. To be effective, however, the field staff needed to be reinforced by more frequent exams. We, therefore, began examining credit unions at least annually. By conducting more frequent exams and increasing off-site supervision, we are identifying issues earlier.

Page 9: Hot Topics 2011

www.r te fs .com

Regulatory Changes Director Financial ResponsibilityDirector Liability Dodd – FrankSafe Act 20112010

Page 10: Hot Topics 2011

www.r te fs .com

Director Financial Responsibility

Page 11: Hot Topics 2011

www.r te fs .com

NCUA Financial Proficiency for Directors

NCUA Regulation Section 701.4 Effective January 27, 2011 Mandatory compliance is July 27, 2011

Directors Affected – ALL Elected, appointed, serving prior to January 27th

must comply by July 27th

Elected or appointed after January 27th must comply within 6 months following seating

Page 12: Hot Topics 2011

www.r te fs .com

NCUA Section 701.4(b)(4)

(4) Direct management’s operations of the Federal credit union in conformity with the requirements set forth in the Federal Credit Union Act, this chapter, other applicable law, and sound business practices.

Page 13: Hot Topics 2011

www.r te fs .com

NCUA Financial Proficiency – what is required?

Working familiarity with basic finance and accounting practices

Read and understand a federal credit union’s balance sheet

Read and understand a federal credit union’s income statement

Ask, as appropriate, substantive questions of management and auditors (internal/external)

Page 14: Hot Topics 2011

www.r te fs .com

Director Liability

Page 15: Hot Topics 2011

www.r te fs .com

NCUA Director Indemnification

NCUA Regulation Section 701.33 Effective January 27, 2011 Mandatory compliance is January 27, 2011

Directors Affected – ALL

Page 16: Hot Topics 2011

www.r te fs .com

NCUA Limited Exemption from suit for Directors

A Federal credit union may not indemnify an official or employee for personal liability related to any decision made by that individual on a matter significantly affecting the fundamental rights and interests of the Federal credit union’s members where the decision giving rise to the claim for indemnification is determined by a court to have constituted gross negligence, recklessness, or willful misconduct.

Page 17: Hot Topics 2011

www.r te fs .com

Regulatory Changes

Page 18: Hot Topics 2011

www.r te fs .com

Dodd – Frank

Page 19: Hot Topics 2011

www.r te fs .com

Dodd – Frank FRB Calendar 24 – Passage to January 2011

12 – January 2011 to March 2011

27 – April 2011 to June 2011

See Link in Resource Section

Page 20: Hot Topics 2011

www.r te fs .com

Dodd – Frank Consumer Financial Protection Board Deposit Insurance

Permanent $250,000 Coverage

Unlimited Coverage??

Increased consumer coverage to $50,000 under Truth in Lending

Page 21: Hot Topics 2011

www.r te fs .com

Dodd – Frank: HMDA The number and dollar amount of points and fees Prepayment penalty information The parcel number and value of the property

securing the loan The loan’s term (in months) The channel through which the application was

received A SAFE Act unique identifier The applicant’s credit score

Page 22: Hot Topics 2011

www.r te fs .com

Dodd – Frank: Mortgage Must hire a licensed appraisal management

company “Qualified Mortgage” concept Yield Spread Premium compensation

eliminated Home Valuation Code of Conduct Replaces

Page 23: Hot Topics 2011

www.r te fs .com

Dodd – Frank: Other Deposit Insurance on non-interest bearing

transaction accounts Financing of credit insurance or debt

cancellation policies

Page 24: Hot Topics 2011

www.r te fs .com

S.A.F.E. Act

Secure and Fair Enforcement for Mortgage Licensing Act of 2008

Page 25: Hot Topics 2011

www.r te fs .com

S.A.F.E. Act Application

• NCUA rules apply to federal credit unions and privately insured credit unions

• State chartered credit unions and cuso employees are subject to state licensing through NMLS

Page 26: Hot Topics 2011

www.r te fs .com

S.A.F.E. Act Requirements•Financial institutions must adopt and follow written policies and procedures designed to assure compliance with these requirements.

•Financial institutions must require employees acting as residential mortgage loan originators to comply with the S.A.F.E. Act's requirements to register and obtain a unique identifier;

•For purposes of the registry, each mortgage originator must obtain a unique identifier, and maintain the registration

Page 27: Hot Topics 2011

www.r te fs .com

S.A.F.E. Dates

• NCUA Regulations effective – October 1, 2010

• NMLS Begins accepting Registrations from MLOs – January 31, 2011

• MLOs must register – 180 days after registration becomes available

Page 28: Hot Topics 2011

www.r te fs .com

S.A.F.E. Act Definitions

• Mortgage loan originator – i) Takes a residential mortgage loan application; and

(ii) Offers or negotiates terms of a residential mortgage loan for compensation or gain:

(iii) make more than 5 mortgage loans a year

Page 29: Hot Topics 2011

www.r te fs .com

S.A.F.E. Act Key Elements

• Mortgage loan originator (MLO)

• Must be registered, not licensed

• Registration is with the Nationwide Mortgage Licensing System and Registry (http://mortgage.nationwidelicensingsystem.org/Pages/default.aspx)

Page 30: Hot Topics 2011

www.r te fs .com

S.A.F.E. Act Key Elements

• MLO to provide: Fingerprints

Information for background checks

Receive unique identifier

Page 31: Hot Topics 2011

www.r te fs .com

S.A.F.E Act Credit Union Req.• "follow on" check of the data that has been

entered into the national system. The institution will be responsible for the accuracy of the data the individual LO entered.

• Institutions must enter specific data into the system so that the LO as well as the institution are properly registered.

• the nature, size, complexity, and scope of their mortgage lending activities.

Page 32: Hot Topics 2011

www.r te fs .com

Additional Regulations

Page 33: Hot Topics 2011

www.r te fs .com

FACT ActRisk Based Lending Disclosures

NCUA Regulatory Alert 10-RA-15 Eff. Date: January 1, 2011

Do you offer Risk Based Pricing Loan Programs?

Do you use Credit Scores to determine APR offered to each member?

Model Disclosure Forms included

Page 34: Hot Topics 2011

www.r te fs .com

Unlawful Internet Gambling Enforcement Act

•Effective Date: June 1, 2010

•Internal procedures

•Reliance on external procedures (credit card systems)

Page 35: Hot Topics 2011

www.r te fs .com

Privacy “Opening Day” – January 1, 2011

Effect – past model forms no longer provide “safe harbor” is used

New model form, if used properly, does provide “safe harbor”

No substantive rights changes

New model form builder available at: http://www.federalreserve.gov/bankinforeg/privacy_notice_instructions.pdf

Page 36: Hot Topics 2011

www.r te fs .com

Regulation E – Overdraft RulesOpt in Requirement for Overdraft Protection Plans

July 2010 Implementation for new members

August 15, 2010 Implementation for existing members

How did it go for you??

Page 37: Hot Topics 2011

www.r te fs .com

Discussion

Page 38: Hot Topics 2011

www.r te fs .com

Intellectual Property Issues Trademark Infringement

Michigan First Credit Union and First Michigan Bank (service mark for Michigan First)

Patent Troll – law suits filed for infringement of patent on message alerts

Process patent infringement – process for ordering customized branded merchandise over a computer network

Page 39: Hot Topics 2011

www.r te fs .com

Lending Decline Stats

2010 – Loan portfolios declined by 1%; first time in 30 years. (CUNA)

2010 – Savings balances increased by 4.5% (CUNA)

What to do about “the squeeze”?

Page 40: Hot Topics 2011

www.r te fs .com

Going Mobile

Web services?

iPad Apps?

Mobile Apps? Free or charge for it?

Page 41: Hot Topics 2011

www.r te fs .com

ALDS – Game 1

Page 42: Hot Topics 2011

www.r te fs .com

THANK YOU

Gary Hess

[email protected]

320-281-9765

Page 43: Hot Topics 2011

www.r te fs .com

Resources

• FFIEC S.A.F.E. Act FAQ’s http://www.ffiec.gov/safeact.htm

• Nationwide Mortgage Licensing System http://mortgage.nationwidelicensingsystem.org/Pages/

default.aspx

• NCUA SAFE Act Letter to Credit Unions 10-CU-13

Page 44: Hot Topics 2011

www.r te fs .com

Resources

• NCUA Regulatory Alert 10-RA-15 http://www.ncua.gov/Resources/RegulatoryAlerts/Files/

2010/10-RA-15.pdf

• FRB Dodd-Frank Calendar http://www.federalreserve.gov/newsevents/

reform_milestones.htm