Agencies issue final rules on supervisory guidance

The CFPB, FDIC, NCUA and the OCC have each issued a final rule that codifies the Interagency Statement Clarifying the Role of Supervisory Guidance issued on September 11, 2018 by the OCC, Federal Reserve Board, FDIC, NCUA and the CFPB. By codifying the 2018 Statement, with amendments, the final rule confirms that the OCC, FDIC, and Bureau will continue to follow and respect the limits of administrative law in carrying out their supervisory responsibilities.

Unlike a law or regulation, supervisory guidance does not have the force and effect of law and the agencies not take enforcement actions or issue supervisory criticisms based on non-compliance with supervisory guidance. Rather, supervisory guidance outlines supervisory expectations and priorities, or articulates views regarding appropriate practices for a given subject area.

In contrast to supervisory guidance, regulations do have the force and effect of law and enforcement actions can be taken if regulated institutions are in violation. Regulations are also generally required to go through the notice and comment process.

• CFPB press release; final rule
• FDIC press release; FIL-3-2021; final rule
• OCC press release; final rule
• NCUA final rule