August 15, 2018
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As Congress prepares to reconcile the House and Senate versions of the farm bill, a broad coalition of financial, agricultural and other trade associations in a letter to congressional leaders urging them to finalize the bill ahead of the current farm bill's expiration on Sept. 30.
 
"As you well know, the farm and rural economy is under significant financial stress," the groups wrote. "Farmers and ranchers and the rural communities and agribusinesses that depend on agricultural production need a strong and predictable safety net that includes important risk management tools such as crop insurance to weather these difficult economic times. They cannot afford a short-term extension."
 
The Consumer Financial Protection Bureau today issued its long-awaited final rule amending Regulation P to incorporate a new legal exception to the requirement for banks to send annual privacy notices to their customers. Under a law passed by Congress in 2015 , banks are no longer required to send an annual privacy notice if they have not changed their policies and practices about how they share customer information since the previous notice was sent, provided they only share nonpublic personal information with third parties as permitted by one of the statutory or regulatory exceptions.
 
While the statutory provisions took effect on enactment, the final rule formally codifies that change in regulation, clarifying lingering confusion about compliance. The final rule also establishes deadlines for resuming annual privacy notices in the event that an institution no longer qualifies for an exemption; under the rule, banks that change their privacy policies and procedures and lose the exemption have 100 days to provide customers with an updated copy of the notice. Additionally, the CFPB removed a provision of Reg P that allows for use of an alternative delivery method, noting that the alternative delivery method created by the bureau will likely no longer be necessary as a result of the annual notice exception.
 
The Exemption  >> 
The Treasury Department issued its highly anticipated proposed rule to implement the Tax Cuts and Jobs Act's 20 percent tax deduction for pass-through businesses.
 
While the proposal heeds congressional intent by allowing Subchapter S community banks to qualify for the deduction, restrictions on certain types of financial services raise questions about how it will be applied.
 
Citing Section 199A of the tax law, Treasury's proposed rule cites various financial services that do not qualify for the 20 percent deduction, such as wealth management and retirement planning.
 
Businesses that have $25 million or less in gross receipts and earn less than 10 percent of those receipts from these services would not be excluded from the deduction, nor would businesses with more than $25 million in gross receipts that earn less than 5 percent from those services.
 
While income derived from insurance brokerage would be fully eligible for the deduction, ICBA is particularly concerned about whether income from loans sold to be securitized will be eligible.
 
In communications with administration officials, including a recent meeting with staff from the White House and Office of Management and Budget, ICBA has advocated a broad interpretation that would ensure all Sub S community bank activities are eligible. This would bolster lending while ensuring the tax code does not incentivize pass-through businesses to restructure to C corporations-both priorities of tax reformers.
 
Comments on the proposal are due 45 days after it is published in the Federal Register. ICBA is reviewing the plan and will submit comments.
 
The Rule  >> 
ICBA is urging community bankers to tell the Department of Housing and Urban Development to amend its fair lending disparate-impact rule to meet the limitations imposed by the U.S. Supreme Court. Community bankers can use   
ICBA's Be Heard grassroots resource center  to send a customized message to HUD.
 
HUD is seeking public input on possible amendments to its 2013 rule, under which lenders may be held liable for neutral practices that have a disparate impact on certain classes of borrowers, even if the lenders have no intent to discriminate. In a 2015 decision, the high court held that disparate-impact cases cannot rely on statistics alone and must identify a specific policy that causes the perceived disparity.
 
ICBA's custom message calls on HUD to align its rule with the court decision so community banks can make practical business choices and provide needed loans to customers.
 
The Federal Communications Commission is seeking comment on how it might further empower companies that provide telephone service to block fraudulent and other illegal calls. The FCC's request comes after it authorized - but did not require - voice service providers last November to block calls from phone numbers that are invalid or unassigned to a specific user. In its ongoing effort to combat illegal calls, the FCC is seeking comment on additional criteria by which voice service providers may block calls that are "highly likely to be illegal."
 
To protect legitimate calls made by banks and other businesses, the FCC is also seeking comment on how voice service providers could reduce the potential that lawful calls are blocked and how the inadvertent blocking of lawful calls can best be addressed. Specifically, the FCC is seeking information on how a "white list" could best be implemented to avoid blocking lawful calls and to avoid enabling unlawful spoofing of numbers.
 
The Bureau of Consumer Financial Protection launched the File Format Verification Tool for HMDA data collected in 2018 and submitted in 2019. The tool tests whether HMDA files meet certain formatting requirements specified in the HMDA Filing Instructions Guide. It has no login functions and does not log identifying information about users or files. 
 
 
 
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N ovem ber 8, 2018
   
ACB Annual Management & Directors Conference
 
Holiday Inn - Crowne Plaza - Little Rock
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