NCUA supervisory priorities for 2016 raise two key focus areas
BSA compliance, new TILA-RESPA rule are key areas of concern
INSIGHT ARTICLE |
In its January 2016 letter on supervisory priorities for 2016, the National Credit Union Administration (NCUA) identified six areas of focus for the year:
Response programs for unauthorized access to member information
Bank Secrecy Act (BSA) compliance
Interest rate risk
TILA-RESPA integrated disclosure rule
Credit Union Service Organization (CUSO) reporting
While all of these are key concerns for every credit union, our experience shows that two of these issues, BSA compliance and dealing with the Consumer Financial Protection Bureau’s new TILA-RESPA integrated disclosure (TRID) rule, bear particular scrutiny.
MSBs, effective risk assessments highlight BSA concerns
Dealing with money service business (MSB) customers and ensuring an effective BSA risk assessment are two BSA areas where credit unions should focus particular attention.
Because of strict BSA compliance surrounding MSBs, many credit unions have opted not to serve these customers. For those that continue to serve them, however, ensuring that those clients are complying with all state and local licensing requirements and that they have registered with the Financial Crimes Enforcement Network (FinCEN) are key steps. Another risk? Watch for clients in retail or other segments that have started offering check cashing services to customers. They could expose your credit union to unintentional MSB exposure.
For all financial institutions, an effective risk assessment is vital to your overall BSA effort. Your risk assessment will not only help identify any potential risk around MSBs, but will help you to better evaluate your overall BSA exposure, allowing you to better align your compliance efforts with your actual risks. Analyzing your risk assessment will be a key focus for NCUA examination focus.
For more on effective BSA risk assessments, read our article Use a risk assessment to clarify your BSA picture.
TRID rule a significant compliance issue
The CFPB’s TRID rule, which affects credit unions that have accepted home mortgage loan applications since Oct. 3, 2015, should be another key compliance focus for credit unions in 2016 and beyond. The rule is designed to better help consumers understand mortgage transactions.
As TRID was set to go into effect, both the CFPB and the Federal Financial Institutions Examination Council recognized that the new rules would require significant procedural and software updates for lenders and would also require complex coordination with third parties. As a result, both promised a period of relaxed enforcement to ease the transition toward TRID compliance. The problem? Neither agency specified how long that period would last, nor is there any regulatory force behind the promise of lax enforcement.
Within the context of loan estimates and closing disclosures under TRID, the follow common issues come up:
Information in the general information section not completed or completed incorrectly
Fees labeled inconsistently among the loan estimate, revised loan estimate and closing
Errors in the closing cost details tables
Errors in the calculating cash to close table
Incomplete contact information for all parties
Inaccurate or incomplete lender credits information
For more information on complying with TRID, see our article Supervisory approach to TRID.
For more information on cybersecurity and data breach concerns, please see our articles Making the most of the FFEIC Cybersecurity Assessment Tool, How banks can increase cybersecurity risk management and How banks can manage vendor cybersecurity risk.