Written by Steve Van Beek
Late last week, NCUA announced it was cancelling its February Board meeting. Given the pace of regulatory issues in January, this was a welcomed move by NCUA. This also got me thinking about the predicability of NCUA's issuance of regulations. NCUA issues their proposed or final regulations at a formal, monthly Board meeting. NCUA usually announces their Board agenda in advance which helps everyone involved be prepared.
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Flip to the CFPB - which does not have a Board - and we have a different dynamic. The CFPB has the ability to "drop" a proposed rule or a final rule without warning (such as the lengthy remittances rule). When credit union's are facing a mountain of compliance challenges, one of the last things they need as the fear that - at any moment - the mountain can have another regulation stacked on top.
The FDIC also holds public Board meetings that are recorded. Similar to NCUA's meetings, staff present proposed and final regulations and the Board inquires and there is a public vote.
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The February 2012 NCUA Report is available. This version includes a brief summary of NCUA's actions during its January Board meeting. Of particular importance is NCUA's recent proposal on loan workout policies and troubled-debt restructuring (TDR) reporting.
NCUA's existing policy on TDRs was inconsistent and resulted in many unintended consequeneces. NCUA has indicated their intent to "fast-track" this proposal - so I'd encourage you and your colleagues to review the proposal rule to hopefully prevent additional regulatory issues from cropping up in the future.
NAFCU Members. Our Regulatory Alert on Loan Workouts, Nonaccrual Policies and TDRs is available here (12-EA-04).
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