Proposed Regulations

NAFCU Regulatory Alerts are member-only resources containing important highlights and summaries for proposed rulemakings that affect credit unions. 

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16-EA-09: CFPB Annual Privacy Notice Requirement

The Consumer Financial Protection Bureau (CFPB) has proposed amending Regulation P to implement the recent amendment to the Gramm-Leach-Bliley Act, which creates an exception to the annual privacy notice requirement for financial institutions that meet certain criteria.

16-EA-10: CFPB Payday Lending

The Consumer Financial Protection Bureau (CFPB) has issued a proposed rule regulating payday, vehicle title, and similar loans. The proposal would serve as a comprehensive overhaul of the short-term, small-dollar lending space, potentially sweeping in a number of other products not traditionally associated with “payday lending.”

16-EA-08: FHFA Front-End Credit Risk Transfer

The Federal Housing Finance Agency (FHFA) has issued a Request for Input (RFI) and is working with Fannie Mae and Freddie Mac as well as stakeholders to evaluate proposed structures for front-end credit risk transfer that are not currently available.

16-EA-07: CFPB Arbitration

The CFPB has proposed a rule to prohibit arbitration agreements which limit consumers’ access to class action litigation in consumer financial products and services contracts. In effect, the CFPB would prohibit the use of “class action waivers” in mandatory pre-dispute arbitration agreements.

16-EA-06: FFIEC Consumer Compliance Rating System

The Federal Financial Institutions Examination Council (FFIEC) has proposed an update to the Consumer Compliance Rating System (CC Rating System) for the first time since 1980. The proposal will not place any new obligations on credit unions, but credit unions should take note of how the CC Rating System framework would change.

16-EA-05: NCUA Incentive Based Compensation

The proposed rule would only cover credit unions with $1 billion or more in assets that offer incentive-based compensation plans. The proposed rule would apply to all persons who receive incentive-based compensation plans at covered credit unions.

16-EA-04: NCUA Information Collection

NCUA has recently released several notices, requesting comments on ways to reduce the burden of reporting information to the agency. NCUA currently collects this information and these notices do not impose any new obligations on credit unions.

16-EA-03: NCUA Occupancy Proposal

The National Credit Union Administration (NCUA) has issued a new proposal regarding Federal Credit Union (FCU) occupancy of fixed assets, which would eliminate the full occupancy requirement in the current rule.

16-EA-01: NCUA Overhead Transfer Rate Methodology

The Federal Credit Union Act (FCU Act) authorizes the National Credit Union Administration (NCUA) to allocate resources annually from the National Credit Union Share Insurance Fund (NCUSIF) to cover insurance related expenses. This allocation is calculated and effected through the Overhead Transfer Rate (OTR).

16-EA-02: NCUA Operating Fee Methodology

The Federal Credit Union Act (FCU Act) authorizes the National Credit Union Administration (NCUA) to charge an Operating Fee on Federal Credit Unions (FCUs) to defray the expenses incurred in carrying out the examination and supervision of FCUs.

15-EA-22: FHFA - Duty to Serve Underserved Markets

The Federal Housing Finance Agency (FHFA) issued a proposed rule that would require Fannie Mae and Freddie Mac (the Enterprises) to adopt plans to improve the distribution and availability of mortgage financing for residential properties that serve very low-, low-, and moderate-income families in the three specified underserved markets: (1) manufactured housing, (2) affordable housing preservation and (3) rural markets.

15-EA-21: EGRPRA Part 4

The National Credit Union Administration (NCUA) is conducting a review of certain regulations under the Economic Growth and Regulatory Paperwork Reduction Act (EGRPRA) and is inviting comment on how these selected rules are outdated, aunnecessary or unduly burdensome.

15-EA-20: NCUA - Field of Membership

The National Credit Union Administration (NCUA) has issued a proposed rule that seeks to modernize its chartering and field of membership regulations. The proposal would make substantive changes to all three charter types.

15-EA-19: CFPB - Outline on Arbitration

The CFPB is considering a rulemaking to address arbitration clauses. On October 7, 2015, the Bureau released an “Outline of the Proposals under Consideration” and announced the formation of a Small Business Review Panel to study the economic impact any arbitration arulemaking may have on a substantial number of small entities.

15-EA-18: NCUA - Proposed Rule on Bank Notes

The National Credit Union Administration (NCUA) is proposing to amend its permissible investments regulations to expand the authority of federal credit unions (FCUs) to invest in bank notes

15-EA-17: DOL - Minimum Wage and Overtime Pay

he Department of Labor (DOL) is proposing to amend the federal overtime provisions contained in the Fair Labor Standards Act (FLSA) to allow any fulltime salaried worker making less than $921 per week, or $47,892 annually, to be eligible for overtime protections.

15-EA-16: NCUA - Member Business Loans and Commercial Lending Proposal

The National Credit Union Administration (NCUA) is proposing to amend its Part 723 of NCUA’s Rules and Regulations relating to member business lending.

15-EA-15: NCUA - EGRPRA Part 3

The National Credit Union Administration (NCUA) is conducting a review of certain regulations under the Economic Growth and Regulatory Paperwork Reduction Act (EGRPRA) and is inviting comment on how these selected rules are outdated, unnecessary or unduly burdensome.

15-EA-14: DOE - Student Accounts Proposal

Regulatory Alert on Department of Education Student Accounts Proposal

15-EA-13: CFPB - Request For Information On Student Loan Servicing

Regulatory Alert on CFPB's Request of Information on Student Loan Servicing

15-EA-12: CFPB - Payday Lending

Reg Alert on CFPB's payday lending