Top Story Compliance Related

The Federal Reserve Board's archive of CRA evaluation reports include ten that were made public in August 2024. Eight of the ten evaluated banks received Satisfactory ratings. One, in Greenwich, Connecticut, received a Needs to Improve. And one bank, Central Savings Bank, Sault Sainte Marie, Michigan, received an Outstanding rating on its evaluation.

The FDIC has released its September 2024 list of FDIC-supervised financial institutions whose CRA evaluations were recently made public. Of the 54 institutions listed, two banks — one based in Utah, the other in Pennsylvania — received "Needs to Improve" ratings. Satisfactory ratings were issued to the other 52 institutions.

The Securities and Exchange Commission yesterday announced charges against six nationally recognized statistical rating organizations, or NRSROs, for significant failures by the firms and their personnel to maintain and preserve electronic communications. The firms admitted the facts set forth in their respective SEC orders; acknowledged that their conduct violated recordkeeping provisions of the federal securities laws; agreed to pay combined civil penalties of more than $49 million; and have begun implementing improvements to their compliance policies and procedures to address these violations.

• Moody’s Investors Service, Inc. agreed to pay a $20 million civil penalty;
• S&P Global Ratings agreed to pay a $20 million civil penalty;
• Fitch Ratings, Inc. agreed to pay an $8 million civil penalty;
• HR Ratings de México, S.A. de C.V. agreed to pay a $250,000 civil penalty;
• A.M. Best Rating Services, Inc. agreed to pay a $1 million civil penalty; and
• Demotech, Inc. agreed to pay a $100,000 civil penalty.

The OCC has released CRA evaluations for 17 national banks and federal savings associations whose evaluations became public in August. Ten of the evaluations are rated Satisfactory. We congratulate seven institutions for receiving evaluations with an Outstanding rating:

• Bank of Bridger, National Association, Bridger, MT
• (The) Citizens National Bank of Meridian, Meridian, MS
• Farmers National Bank, Phillipsburg, KS
• Home National Bank, Racine, OH
• Malaga Bank, F.S.B., Palos Verdes Peninsula, CA
• (The) Security National Bank of Sioux City, Iowa, Sioux City, IA
• Universal Bank, West Covina, CA

The FDIC has released a list of enforcement orders issued in July 2024.

• A Consent Order against The State Exchange Bank, Lamont, Oklahoma
• A Consent Order against Chesterfield State Bank, Chesterfield, Illinois
• Prohibition orders against:
  • Raqeel Rashida Alsalam, formerly affiliated with First-Citizens Bank & Trust Company, Raleigh, North Carolina
  • Brent D. Torgerson, formerly affiliated with The Union Bank, Beulah, North Dakota
  • Samuel Ortiz-Perez, formerly affiliated with FirstBank Puerto Rico, Santurce, Puerto Rico
  • Leann Athas, formerly affiliated with Bank of Montana, Missoula, Montana

The OCC has released its schedule of Community Reinvestment Act (CRA) evaluations to be conducted in the fourth quarter of 2024 and the first quarter of 2025.

The FDIC has also issued its Q4 2024 and Q1 2025 CRA exam schedules.

The Federal Reserve Board on Wednesday announced final individual capital requirements for all large banks, effective on October 1.

Large bank capital requirements are informed by the Board's stress test results, which provide a risk-sensitive and forward-looking assessment of capital needs. The table in the Large Bank Capital Requirements document shows each bank's common equity tier 1 capital requirement, which is made up of several components, including:

• The minimum capital requirement, which is the same for each bank and is 4.5 percent;
• The stress capital buffer requirement, which is based in part on the stress test results and is at least 2.5 percent; and
• If applicable, a capital surcharge for the largest and most complex banks, which is updated in the first quarter of each year to account for the overall systemic risk of each of these banks.

If a bank's capital dips below its total requirement, the bank is subject to automatic restrictions on both capital distributions and discretionary bonus payments.

The Board also announced that it had modified the stress capital buffer requirement for Goldman Sachs, after the firm's request for reconsideration.

Yesterday, FinCEN announced two final rules designed to help safeguard the residential real estate and investment adviser sectors from illicit finance.

The final residential real estate rule, published [89 FR 70258] in today’s Federal Register and effective December 1, 2025, will require certain industry professionals to report information to FinCEN about non-financed transfers of residential real estate to a legal entity or trust, which present a high illicit finance risk. The rule will increase transparency, limit the ability of illicit actors to anonymously launder illicit proceeds through the American housing market, and bolster law enforcement investigative efforts.

• Residential Real Estate Rule Fact Sheet
• FAQs on Real Estate Reports

The final investment adviser rule, scheduled for Federal Register publication on September 4, and effective January 1, 2026, will apply anti-money laundering/countering the financing of terrorism (AML/CFT) requirements—including AML/CFT compliance programs and suspicious activity reporting obligations—to certain investment advisers that are registered with the U.S. Securities and Exchange Commission (SEC), as well as those that report to the SEC as exempt reporting advisers. The rule will help address the uneven application of AML/CFT requirements across this industry.

• Investment Advisor Rule Fact Sheet

The Federal Trade Commission yesterday announced an update to the fees telemarketers must pay to access phone numbers on the National Do Not Call (DNC) Registry in Fiscal Year (FY) 2025, which starts on October 1, 2024.

The cost of accessing a single area code in the Registry will be $80 in FY 2025, which is an increase of $2 from FY 2024. The maximum charge to any single entity for accessing all area codes nationwide is now $22,038 (up from 21,402 in FY 2024). The fee for accessing an additional area code for a half year will increase $1 from FY 2024, to $40.

The OCC has announced community bank director and senior management workshops scheduled in nine cities across the country in September and October. The list includes the OCC's basic Building Blocks workshop and its Risk Management Series, which includes workshops on Risk Governance, Credit Risk, Operational Risk, Compliance Risk, and Capital Markets.

Most of the sessions are available for both in-person or virtual attendance.