I think the answer here is that "it depends." I was having a friendly conversation with my local regulator yesterday. She indicated that noone at OCC wants to be responsible for enforcing these rules. Currently, NDIPs are covered in safety and soundness exams by the OCC.
But in my last life, the consumer affairs people were doing our NDIP work. That was a Fed member bank.
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Opinions expressed are not necessarily those of my employer.
Paul Brinker CRCM
Director, Corporate Compliance
First National Bank of Omaha
402-964-8313