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Understanding ACH risk management for community financial institutions

Written by admin on . Posted in ACH, Blog, Compliance & Regulations, Consultation.

Automated Clearing House (ACH) risk management is a topic of paramount importance for community financial institutions. In the realm of modern banking, ACH payments have emerged as a cornerstone of electronic fund transfers, offering unparalleled efficiency and convenience for businesses and consumers alike. However, with the benefits of ACH come inherent risks. Financial institutions must proactively address to safeguard their operations and protect their stakeholders.

Spectrum of ACH risk categories

From compliance and credit risk to fraud, operational challenges, and systemic vulnerabilities, each facet of ACH risk poses unique challenges. It demands strategic foresight and diligent risk mitigation efforts. By understanding the intricacies of ACH risk management, financial institutions can fortify their resilience and ensure compliance with regulatory standards while fostering trust and reliability in the digital banking ecosystem.

The five basic types of ACH risk

1. ACH requirements compliance risk

Compliance risk encompasses the threat of legal or regulatory sanctions, financial loss, or damage to reputation resulting from failure to comply with laws, regulations, and internal policies. For community financial institutions processing ACH transactions, compliance risk looms large due to the intricate web of regulations governing ACH transfers, including Regulation E and Article 4A of the Uniform Commercial Code, as well as Bank Secrecy Act/Anti-Money Laundering (BSA/AML) requirements, and the NACHA Rules and Guidelines. Institutions must conduct comprehensive ACH reviews to ensure adherence to regulatory standards and promptly rectify any violations or errors detected.

2. Credit risk from ACH transactions

Credit risk arises from the potential for financial loss due to the failure of parties involved in ACH transactions to fulfill their payment obligations. Community financial institutions face credit risk when originating or receiving ACH transactions, especially with the proliferation of high-risk activities such as nonrecurring payments. Establishing rigorous underwriting standards, evaluating originator creditworthiness, and setting appropriate exposure limits are crucial risk mitigation strategies for managing credit risk effectively.

3. Fraud risk

Fraud risk encompasses the threat of unauthorized or deceptive activities resulting in financial loss or reputational damage. With the increasing sophistication of fraudulent schemes targeting ACH transactions, community financial institutions must remain vigilant against fraudulent activities such as account takeover, unauthorized returns and unauthorized transactions. Implementing robust authentication measures, monitoring transaction patterns for anomalies and conducting regular audits of third-party service providers are essential components of an effective fraud risk management framework.

4. ACH processing operational risk 

Operational risk stems from the potential for disruptions or failures in internal processes, systems or human factors leading to financial loss or operational inefficiencies. Community financial institutions face operational risk in ACH processing operations. These are due to factors such as technological failures, human error and inadequate controls. Implementing comprehensive policies and procedures, ensuring adequate training for staff and conducting regular audits of ACH operations are critical steps in mitigating operational risk.

5. Systemic risk

Systemic risk refers to the threat of widespread disruptions or failures within the financial system resulting from interconnectedness and interdependencies among institutions and market participants. Individual community financial institutions may have limited exposure to systemic risk in ACH processing. But they remain vulnerable to broader systemic events impacting the financial industry as a whole. Vigilance, collaboration with industry stakeholders, and contingency planning are essential strategies for managing systemic risk effectively.

Effective ACH risk management for community financial institutions

In conclusion, effective ACH risk management is paramount for community financial institutions to navigate the evolving landscape of electronic payments. It’s a must to uphold their commitments to regulatory compliance, financial integrity and customer or member trust. By understanding and addressing the five basic types of ACH risk—compliance, credit, fraud, operational and systemic—financial institutions can fortify their resilience and sustain long-term success in the dynamic world of electronic banking.

Young & Associates offers ACH self-assessment reviews. Our compliance experts evaluate your policies, procedures, and test components to ensure compliance with the NACHA Operating Guidelines. For tailored guidance to your unique circumstances, reach out to our team of experts. We help you navigate the regulatory compliance landscape and keep your financial institution on the path to success. Contact us today.

HMDA and CRA adjustments are here

Written by admin on . Posted in Advice, Compliance & Regulations, Consultation, HMDA.

By: William J. Showalter, CRCM, CRP

There are changes that arrived with the new year of 2024 to Home Mortgage Disclosure Act (HMDA) compliance for banks and thrifts in many areas. No, the Consumer Financial Protection Bureau (CFPB) is not repealing Regulation C or adding more detail to the required data we collect and report. The existing rule is still in place. 

The changes we will look at here are driven by the decennial (every 10 years) adjustments by the Office of Management and Budget (OMB) to geographic units used by the federal government, including the Census Bureau, for statistical purposes. The particular geographic units that impact bank and thrift HMDA compliance are Metropolitan Statistical Areas (MSAs) since they are a qualifying location factor for lenders in determining HMDA coverage. 

The OMB’s changes will also have possible effects on bank and thrift compliance with the Community Reinvestment Act (CRA) in the drawing of institutional CRA “assessment areas.” 

These latest changes were effective when issued by OMB – July 21, 2023 – so they can impact 2024 HMDA coverage. 

OMB action 

The OMB completed a process of delineating Core Based Statistical Areas (CBSAs) based on 2020 Census data and the American Community Survey and Census Population Estimates Program for 2020 and 2021. A CBSA describes a geographic entity with at least one core of 10,000 or more population, plus adjacent territory that shows a high degree of social and economic integration with the core as measured by commuting ties. The standards designate and delineate two categories of CBSAs: Metropolitan Statistical Areas and Micropolitan Statistical Areas.  

The general concept of a metropolitan statistical area is that of an area containing a large population nucleus and adjacent communities that have a high degree of integration with that nucleus. The concept of a micropolitan statistical area closely parallels that of the metropolitan statistical area, but a micropolitan statistical area features a smaller nucleus. The purpose of these statistical areas remains the same as when officials first delineated metropolitan areas: The classification offers a nationally consistent set of delineations for collecting, tabulating, and publishing federal statistics for geographic areas.

The new delineations are found in OMB Bulletin 23-01 at https://www.whitehouse.gov/wp-content/uploads/2023/07/OMB-Bulletin-23-01.pdf.  

HMDA coverage 

Regulation C covers any “financial institution,” as defined by the regulation and its underlying HMDA statute. “Financial institution” means, in part, a bank, savings association, or credit union that: 

  • On the preceding December 31, had assets in excess of the asset threshold established and published annually by the CFPB for coverage by HMDA, based on the year-to-year change in the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for each 12-month period ending in November, rounded to the nearest million – $56 million for 2024 HMDA coverage 
  • On the preceding December 31, had a home or branch office in a Metropolitan Statistical Area (MSA) [Micropolitan Statistical Areas have no HMDA impact.] 
  • In the preceding calendar year, originated at least one home purchase loan (excluding temporary financing such as a construction loan) or refinancing of a home purchase loan, secured by a first lien on a one-to four-family dwelling, and 
  • Meets one or more of the following two criteria: is federally insured or regulated; or the mortgage loan referred to in the previous bullet was insured, guaranteed, or supplemented by a federal agency or was intended for sale to Fannie Mae or Freddie Mac
  • Meets at least one of the following criteria in each of the two preceding calendar years: originated at least 25 closed-end mortgage loans that are not excluded by §1003.3(c)(1) through (10) or (c)(13), or originated at least 200 open-end lines of credit that are not excluded by the cited section of Regulation C 

There are also similar qualification criteria for for-profit mortgage lenders that are not banks, thrifts, or credit unions, which we will not detail here. 

The qualification criterion impacted by OMB’s action is the geographic one, the second bullet above. If a financial institution that otherwise meets HMDA coverage criteria has an office in an MSA on December 31, then it is covered by HMDA for the following year. For many lenders, determining HMDA coverage is a one-time exercise (other than those who are right around the asset-size threshold). 

Ohio MSA changes 

I will use my native Ohio as an example of what the MSA changes mean to banks and thrifts and their compliance with HMDA requirements. 

Three counties in Ohio were shuffled into Metropolitan Statistical Areas in this latest OMB action – one being added to an existing MSA and two comprising a new MSA. This time, the MSAs kept all Ohio counties that they formerly included.

The Cleveland MSA now includes Ashtabula County. The new Sandusky MSA now includes Erie and Ottawa counties.

There were also some changes in non-Ohio parts of MSAs that include other Ohio counties. Lenders in the Cincinnati, Huntington-Ashland, and Youngstown-Warren MSAs should look for these additions and deletions of neighboring states’ counties. 

The OMB Bulletin mentioned above contains all the details of the new Ohio geographic delineations. The list of MSAs and micropolitan statistical areas by state is in List 6 (with Ohio on pages 168-169) of the OMB Bulletin, while five additional lists in the bulletin give other breakdowns of the geographic delineations, including the counties included in each. 

HMDA impact 

In 2023, there was no impact for HMDA reporting because the new MSA delineations were not in effect on December 31, 2022. 

However, they were in effect December 31, 2023, which has the following impacts: 

  • Banks and thrifts with offices in Ashtabula, Erie, and Ottawa counties, and in no other MSA counties, now have to begin collecting HMDA data January 1, 2024, and make their first reports of that data by March 1, 2025.
  • Unlike 10 years ago, there are no banks and thrifts whose offices in Ohio counties have made them subject to HMDA reporting (i.e., no offices in other MSA counties) that will no longer have to collect HMDA data beginning in 2024. (Note: Banks must still report their 2023 HMDA data by March 1, 2024.) 

If your institution has an office in any of the counties affected by the MSA changes, be sure to review how this action affects your HMDA compliance beginning in 2024. 

CRA impact 

MSAs affect the CRA compliance efforts of banks and thrifts, too. They come into play in drawing up an institution’s CRA assessment area (AA), as well as in the small business and small farm lending disclosure statements prepared by regulators annually for institutions reporting their data (all except for “small” retail banks and thrifts).  

The CRA rules require that an institution’s CRA AA consist generally of one or more MSAs or metropolitan divisions – using the MSA or metropolitan divisions boundaries that were in effect as of January 1 of the calendar year in which the delineation is made – or one or more contiguous political subdivisions e.g., counties, cities, or towns). 

A CRA AA may not extend substantially beyond an MSA boundary or beyond a state boundary unless the assessment area is located in a multistate MSA. If a bank or thrift serves a geographic area that extends substantially beyond a state boundary, the bank must delineate separate AAs for the areas in each state. If a bank or thrift serves a geographic area that extends substantially beyond an MSA boundary, it must delineate separate AAs for the areas inside and outside the MSA. 

The regulators prepare annually, for each MSA and the nonmetropolitan portion of each state, an aggregate disclosure statement of small business and small farm lending by all institutions subject to reporting of that data (all except “small” retail banks and thrifts). 

Therefore, the redrawn MSA boundaries might have an impact on your institution’s CRA compliance. Each bank and thrift with the affected counties in its CRA AA should review its delineation to make sure that the changes do not require an adjustment to those delineations. Make any adjustments by April 1, when you must complete any updating of CRA public files (including the map of your CRA AA).

Links 

This OMB Bulletin provide the six lists of statistical areas that are available electronically at the link stated above or from the OMB website at https://www.whitehouse.gov/omb/information-for-agencies/bulletins/.  This update, historical delineations, and other information about population statistics are available on the Census Bureau’s website at https://www.census.gov/programs-surveys/metro-micro.html.

Young & Associates: Your trusted partner in regulatory compliance

In navigating the intricacies of HMDA and CRA compliance, Young & Associates stands ready to support community banks and credit unions. Our regulatory compliance consulting services ensure a seamless adherence to evolving regulations. Stay ahead with Young & Associates – your trusted partner in compliance excellence. Contact us today for tailored solutions that empower your financial institution.

2024 Rescission Reference Chart

Written by admin on . Posted in Compliance & Regulations.

View and download the Young & Associates 2024 Rescission Reference Chart to assist your lenders in preparing the Notice of Right to Cancel. Please forward this document to someone in your organization who will use this helpful tool.

For over 45 years, Young & Associates has provided consulting, training, and practical tools for the banking industry. Thank you for the opportunity to serve your needs.


Looking for the latest calendar? Click here to access the 2025 Rescission Reference Chart!

 

Navigating compliance challenges: Reg Z, Reg E, and Flood Rules

Written by admin on . Posted in Blog, Compliance & Regulations, Consultation.

Expert Regulatory Compliance Services for Financial Institutions

Are you finding the ever-evolving web of financial regulations a challenge to navigate? In the intricate landscape of compliance, regulations like Z, E, and Flood can be complex and overwhelming for financial institutions. Young & Associates offers a comprehensive suite of solutions specifically tailored to alleviate the burden of regulatory compliance challenges for community banks and credit unions.

Regulatory challenges made simple

Regulation Z compliance: Comprehensive TILA support

A cornerstone of financial institution compliance, Regulation Z delineates the implementation and execution of the Truth in Lending Act (TILA). Our experts understand the nuances of Reg Z and can guide your institution through its complex requirements. Our Reg Z compliance solutions are meticulously crafted to not only ensure your institution’s compliance but also to ensure transparency and fairness for your valued customers or members.

  • Loan Disclosures.  We review your financial institution’s disclosures – both open-end and closed-end (including TRID) disclosures – to help ensure compliance with these measures to inform customers, and to help your institution avoid potential required reimbursements, regulatory penalties, and civil liability.
  • Right of Rescission.  We help your lending personnel navigate the intricacies of the right of rescission, making sure that the proper consumers are recognized for this right and given required notices and disclosures, and that disbursements and other lender actions are delayed until it is confirmed that the customers have not exercised their cancellation right.  Proper observance of rescission requirements will help your institution avoid significant penalties – extended rescission rights, regulatory penalties, and civil liability.
  • Other Consumer Protections.  We facilitate your financial institution’s efforts to comply with, or avoid, significant requirements related to high-cost mortgages, home equity lines of credit, higher priced mortgage loans, private education loans, and others.

Regulation E compliance: EFTs and error resolution

The Electronic Fund Transfer Act (EFTA) brings its own set of challenges. The EFTA, implemented by Regulation E, governs electronic transactions. As the volume of EFT transactions continues to rise, so does the complexity of associated error claims. Resolving these claims can pose a significant challenge for banks and credit unions. Our team specializes in providing tailored guidance and support for Reg E compliance, including:

  • Error Resolution Procedures: We review your financial institution’s error resolution procedures, ensuring strict adherence to meet regulatory standards.
  • Electronic Payment Systems: We facilitate adherence to Reg E requirements by ensuring your financial institution’s electronic payment systems and procedures are diligently followed.
  • Consumer Protection: We review your Reg E compliance program to confirm that your institution’s procedures and adherence align with regulations aimed at safeguarding your customers’ rights, privacy, and security.

You can rely on our Reg E compliance guidance to navigate the complexities of regulatory requirements, effectively mitigating the risks of violations and penalties in the dynamic landscape of electronic transactions.

Flood insurance compliance: Ensuring flood disaster protection

Navigating the intricacies of federal flood regulations is crucial for financial institutions, given the increased scrutiny by regulators and the potential risks and penalties associated with noncompliance. Monetary penalties for such violations underscore the importance of a robust compliance program. Young & Associates is committed to providing comprehensive compliance solutions to guide your institution through the complex requirements of the Flood Disaster Protection Act encapsulated in the flood insurance rules.

At Y&A, our commitment to comprehensive compliance solutions extends to helping your institution navigate the nuances of federal flood-related requirements. Our seasoned experts specialize in helping your institution navigate federal flood-related requirements, offering tailored solutions to minimize exposure to potential risks. We can review your financial institution’s Flood Act compliance program to ensure compliance with variables such as flood zone determinations, borrower notifications, lender placement, and more.

Key components of our flood compliance reviews dial in on common areas of violations, including:

  • Compliance with Flood Regulations for Lenders: Our experts understand the intricacies of flood regulations, addressing common areas of violations such as proper loan file documentation, justified waivers, insurance coverage requirements, notice to borrower requirements, forced placement of flood insurance requirements, and more. We ensure your institution adheres to the most stringent regulatory standards, mitigating risks associated with non-compliant loans.
  • Flood Insurance Notice to Borrower Requirements: Timely and accurate notices to borrowers are critical. Our comprehensive reviews focus on your institution’s process for delivering and receiving acknowledgement of flood insurance-related notices, ensuring compliance with regulatory timelines and requirements.
  • SFHA Flood Insurance Requirements: Staying abreast of FEMA’s special flood hazard areas and implementing appropriate flood insurance requirements is essential. Our compliance reviews are designed to assist your institution in adhering to evolving SFHA standards.

As your trusted partner, we streamline the compliance process. This allows your institution to focus on core functions while remaining resilient in the face of regulatory challenges. Let us guide you through the intricate web of flood-related regulations, ensuring your institution stays protected from compliance violations in the ever-evolving financial landscape.

Expert guidance on Regulation Z, Regulation E, and Flood Compliance

Regulations such as Z, E, and Flood are just the tip of the iceberg. Our consultants are well-versed in all aspects of federal banking consumer regulations. We ensure you’re not just compliant but also in the best possible position to thrive in a highly regulated environment. We can assist you in understanding the intricacies of Truth in Lending, Electronic Fund Transfers, or Flood Compliance Requirements.

Why partner with Young & Associates?

At Y&A, we’ve been a trusted partner in regulatory compliance for over four decades, and here’s why:

  • Stay Ahead of Regulatory Changes: We keep you informed and prepared in a constantly evolving regulatory landscape. We help you navigate the intricate landscape of financial regulations, so you can focus on your core mission.
  • Comprehensive Solutions Tailored to Your Institution: We understand that a one-size-fits-all approach doesn’t work in regulatory compliance. We customize our solutions to address your institution’s unique needs.
  • Real Solutions for Real Challenges: We provide practical, real-world recommendations, enabling your bank or credit union to not only meet regulatory requirements but also implement best practices for a robust compliance framework.
  • Experienced Team: Our seasoned consultants bring decades of experience in banking and financial regulation to the table, ensuring you receive expert guidance.
  • Unmatched Quality: With over 45 years exclusively dedicated to financial institutions, excellence is our trademark. We maintain meticulous standards, offering precision, thoroughness, and a steadfast commitment to delivering actionable results.
  • Comprehensive Support: We offer end-to-end support, and our full-service approach covers all aspects of financial institution consulting. When you partner with Y&A, you gain access to a comprehensive team of industry experts.

Let’s navigate compliance challenges together

Don’t let regulatory compliance challenges hinder your institution’s growth. Contact Young & Associates to ensure your institution meets compliance standards and prepares for success. We’re here to help you navigate the intricate world of Regulations Z, E, H, and beyond. With our expertise, your institution can thrive in a highly regulated environment.

In addition to our full suite of compliance consulting services, we offer:

  • Virtual Compliance Consultant (VCC) Program: Receive access to all the invaluable compliance tools and services that we have to offer including compliance coaching, compliance products and policies, regulatory manuals, access to an online forum with experts from Y&A, and more.
  • Compliance Policies, Tools, and Workbooks: We offer customizable resources designed to simplify complex compliance tasks. From policies to interactive workbooks, our tools facilitate smoother compliance operations.
  • Compliance Update Newsletter: This monthly newsletter provides a thorough compliance review and covers developments that affect the banking industry. Each month our compliance experts scour the regulatory issuances, final rules, and amendments. They then provide you with the compliance information you need. The newsletter includes hot topics, action items, a compliance calendar, and more relevant information and resources.
  • Education Services: In addition to timely, easily accessible webinars, we offer customizable training solutions.

Contact us to explore how our tailored solutions can address your regulatory challenges.

Overdraft programs and fees: Navigating the regulatory maze

Written by admin on . Posted in Advice, Compliance & Regulations, Consultation.

By: Karen S. Clower, CRCM and William J. Showalter, CRCM, CRP

Fee income practices in overdraft programs have garnered increasing attention from regulatory bodies such as the CFPB, OCC, NCUA, and FDIC. The risks associated with overdraft practices are growing, and overlooking them can pose significant threats to your financial institution.

These regulatory developments are of particular concern for both APSN (Authorize Positive, Settle Negative) and NSF (Non-Sufficient Funds) fee practices. With both federal and state regulators scrutinizing these areas, it’s a critical time for financial institutions to review their overdraft and insufficient funds procedures. Unpacking the intricate world of overdraft programs, understanding fair banking risks, and adopting best practices to mitigate them have never been more crucial.

Multiple re-presentment fees under the microscope

The FDIC revised their Supervisory Guidance on Multiple Re-Presentment NSF Fees in June 2023. The core message from this guidance is the importance of transparency in re-presentment practices. The FDIC emphasizes that re-presentment practices may be deceptive when lacking clear disclosure and unfair when they lead to the assessment of multiple NSF fees for a single transaction.

A re-presentment occurs when a transaction is initially declined due to insufficient funds, followed by the merchant resubmitting the transaction, which may incur additional NSF fees. In many instances, customer disclosures do not fully convey the nature of these re-presentment practices, elevating the risk of consumer harm and regulatory violations. It is prudent for financial institutions to review and update disclosures to avoid causing consumer harm and accumulating violations.

Identifying potential risks associated with NSF fees on re-presented transactions

Examiners have identified several risk factors related to the assessment of NSF fees on re-presented transactions:

  • Consumer compliance risk: Charging multiple NSF fees for the same unpaid transaction can breach Section 5 of the FTC Act, which prohibits unfair or deceptive practices. Not adequately informing customers can mislead and potentially harm them.
    • Deceptive Practices: The FDIC finds charging multiple NSF fees without proper disclosure deceptive.
    • Unfair Practices: Inadequate customer advice on fee practices can be unfair, particularly if it causes harm and offers no benefits to the consumer.
  • Third-party risk: Third-party involvement in payment processing and tracking re-presented items can lead to risks. Institutions should monitor these arrangements closely.
  • Litigation risk: Charging multiple NSF fees may lead to litigation. Many institutions have faced class-action lawsuits and substantial settlements for inadequate fee disclosures.

Managing NSF fee risks

The FDIC encourages financial institutions to review their practices and disclosures regarding NSF fees for re-presented transactions. Note that a highlight of the most recent update to their supervisory guidance is that their current approach does not involve requesting financial institutions to conduct lookback reviews absent a likelihood of substantial consumer harm. To mitigate the risk of consumer harm and legal violations related to multiple re-presentment NSF fees, financial institutions are encouraged to consider the following:

  • Eliminating NSF fees.
  • Charging only one NSF fee for the same transaction, even if it’s re-presented.
  • Reviewing policies and practices, clarifying re-presentment practices, and providing customers with updated disclosures.
  • Clearly and prominently disclosing NSF fee amounts, when they are imposed, and the conditions under which multiple fees may apply to a single transaction.
  • Reviewing customer notification practices and fee timing to enable customers to avoid multiple fees for re-presented transactions.

These recommendations are based on supervisory observations to date and do not impose any legal obligations to financial institutions. While not mandatory, these steps help in reducing the risk of consumer harm.

FDIC’s supervision of re-presentment NSF fees: A closer look

The FDIC has a specific approach when it comes to overseeing and enforcing regulations regarding multiple re-presentment NSF fee practices. Their main aim is to identify and correct issues related to re-presentment, with a focus on ensuring that customers who have been harmed receive the necessary solutions.

As part of their process for assessing compliance management systems, the FDIC acknowledges institutions that take proactive steps to identify and rectify violations. Importantly, if institutions have already addressed these violations before a consumer compliance examination, examiners generally won’t cite UDAP violations.

When financial institutions proactively identify issues related to re-presentment NSF fees, the FDIC has clear expectations:

  • They should take corrective actions, which include providing restitution to affected customers.
  • There should be a prompt update to NSF fee disclosures and account agreements for all customers, both new and existing.
  • Consideration should be given to implementing additional risk mitigation practices to reduce potential unfairness risks.
  • Monitoring of ongoing activities and customer feedback is essential to ensure that corrective actions are sustained over time.

The FDIC evaluates the need for restitution by considering the potential harm to consumers as a result of the practice, the institution’s record-keeping practices, and any challenges associated with collecting and reviewing transaction data or information related to the frequency and timing of re-presentment fees. In cases where examiners identify law violations related to re-presentment NSF fee practices that have not been self-identified and fully corrected before an examination, the FDIC may contemplate various supervisory or enforcement actions, including the imposition of civil monetary penalties and the requirement for restitution where necessary.

What about APSN fee practices?

The regulatory focus extends beyond just re-presentment fees. One noteworthy concern is the practice of charging overdraft fees for transactions that were initially authorized with a positive balance but later settled with a negative balance, referred to as APSN transactions. Below is an overview of the FDIC’s Supervisory Guidance on Charging Overdraft Fees for Authorize Positive, Settle Negative Transactions, which was revised in April 2023 to expand upon the related 2019 Supervisory Highlights article.

Guidance overview

Complexity in Overdraft Programs: Overdraft programs, transaction clearing, and settlement processes are intricate. APSN transactions involve consumers being assessed overdraft fees when they had sufficient account balances at the time of transaction initiation but no longer at settlement. This means it is hard for consumers to predict when fees might be assessed and how to avoid them.

Available Balance vs. Ledger Balance: Financial institutions typically use either an available balance method or a ledger balance method for assessing overdraft-related fees. The available balance can be affected by pending debit transactions. Some institutions, especially with the available balance method, assess overdraft fees on transactions authorized when the available balance is positive but posted when the balance is negative.

Unintended Consequences: In some cases, this practice leads to multiple overdraft fees being charged. Unanticipated overdraft fees can cause considerable harm to consumers. The consumer cannot reasonably avoid these fees, and their complexity further compounds the issue. This situation raises the risk of violations of consumer protection laws.

Mitigating risks: Financial institutions are encouraged to review their practices regarding charging overdraft fees for APSN transactions. This entails ensuring that customers are not charged overdraft fees for transactions they could not anticipate or avoid. This includes monitoring third-party arrangements for compliance, evaluating core processing systems, and improving disclosures to accurately convey fee practices.

With a deep understanding of re-presentment and APSN transactions, financial institutions can effectively navigate the complex landscape of fee income and compliance. A proactive approach can aid in protecting consumers, ensuring regulatory compliance, and maintaining your institution’s reputation.

Balancing overdraft fee income and compliance

Weighing compliance and reputational risks against the revenue your overdraft program generates is crucial. While fee income is essential, safeguarding your financial institution’s reputation should always be a top priority. Striking the right balance between compliance and revenue is key.

Regulatory insights and recent enforcement actions

To stay ahead in the realm of overdraft programs, monitoring the insights and actions of regulatory bodies is essential. The CFPB, FRB, OCC, NCUA, and FDIC provide guidance and updates that can directly impact your operations. Recent enforcement actions underscore the consequences of non-compliance. Analyzing these cases can provide insights into areas where institutions have faltered and help you steer clear of similar missteps.

Your overdraft compliance solution: Young & Associates

Managing overdraft programs while staying compliant with fair banking regulations is a complex task. At Young & Associates, we are here to guide you through this maze. We help ensure that your institution not only thrives financially but also maintains a strong reputation. By understanding the risks, learning from common pitfalls, and implementing best practices, you can create a robust overdraft program..

For more in-depth guidance tailored to your unique circumstances, reach out to our team of experts. Together, we can navigate the regulatory compliance landscape and keep your financial institution on the path to success. Contact us today.

Ensuring compliance in a BSA/AML compliance program: Independent testing

Written by admin on . Posted in Compliance & Regulations.

By: Edward Pugh, AAP, CAMS, CAMs-Audit, CFE

One of the key components of a financial institution’s compliance with BSA/AML regulatory requirements is independent testing of the BSA/AML Program. Independent testing may be performed by an institution’s internal audit department, outside auditors, consultants, or other qualified independent parties. There is no regulatory requirement establishing the frequency of BSA/AML independent testing; rather, the frequency should be commensurate with the money laundering/terrorism financing risk profile of the institutions. Many institutions conduct independent testing every 12 to 18 months, increasing frequency if there are any significant changes in the risk profile, such as changes in systems, compliance staff, products, mergers/acquisitions, or an institution’s size. Significant errors or deficiencies may also warrant more frequent independent testing to validate mitigating or remedial measures.

Often, the need for a truly independent assessment, combined with limitations in staffing capacity, prompts institutions to engage an external entity to conduct a comprehensive evaluation of their BSA/AML program compliance. Thus, it is critical to ensure that the independent review provides an unbiased assessment of an institution’s BSA/AML compliance efforts, identifies potential risks or weaknesses, and offers recommendations for improvement. Some key components of a satisfactory BSA/AML independent program audit or testing include the following:

  • Scoping and planning: The scope of the review should be based on a risk assessment of the institution’s products, services, customers, and geographic locations. The scoping and planning phase often relies on the institution’s own BSA/AML risk assessment, but if it is inadequate, the external auditor may determine the scope. Additionally, any changes in the business or regulatory environment, as well as any issues identified in previous audits or examinations, should be taken into account.
  • Independence: The audit/testing should be conducted by individuals who are independent of the BSA/AML compliance program. While internal auditors may be acceptable, a BSA Officer or assistant would not be. This ensures that any findings are objective and unbiased.
  • Qualifications and training of auditors: Persons conducting the independent testing should have sufficient knowledge and understanding of the BSA, AML, and related regulations. They should be trained in auditing principles and procedures and understand the various risks financial institutions face.
  • Review of the BSA/AML compliance program: The audit should include a comprehensive review of the BSA/AML Compliance Program, including its policies and procedures, risk assessment, internal controls, training programs, and the role and performance of the BSA Officer.
  • Transaction testing: Thorough transaction testing should be conducted to verify compliance with BSA/AML requirements, such as customer identification, suspicious activity reporting, customer due diligence, currency transaction reporting, and record keeping requirements.
  • Assessment of training programs: The institution’s BSA/AML training programs should be reviewed to ensure they are adequate, up-to-date, and effective in educating employees about the BSA/AML responsibilities. The Board of Directors training should also be reviewed.
  • Reporting: An audit report should be produced that clearly communicates findings, including any weaknesses or deficiencies in the compliance program. Appropriate recommendations for improvement should also be provided where necessary.

A comprehensive and effective BSA/AML independent program audit is essential for financial institutions to ensure compliance with the various laws and regulations pertaining to BSA/AML. Some issues pertaining to independent testing that are frequently found in Reports of Examination include lack of independence on the part of the auditor(tester), insufficient scope, and insufficient transaction testing. A comprehensive and independent audit of an institution’s BSA/AML compliance program not only facilitates regulatory adherence, but also pinpoints and highlights any existing program deficiencies.

Additional Resources: FFIEC BSA/AML Assessing the BSA/AML Compliance Program – BSA/AML Independent Testing

Young & Associates works with financial institutions of all sizes to help them avoid regulatory pitfalls and develop strong BSA/AML compliance programs. For more information, contact me at epugh@younginc.com or 330.422.3475.

The purpose of BSA/AML model validation – Common findings

Written by admin on . Posted in Compliance & Regulations.

By: Edward Pugh, CAMS, CAMS-Audit, AAP, CFE, Consultant

For many financial institutions, the concept of a BSA/AML Model Validation is new. In the past, model validations were in the domain of larger financial institutions, typically with $1 Billion or more in assets. In general, model validations are a component of model risk management (MRM), and the guidance for MRM doesn’t easily conform to AML models, particularly models purchased from vendors. To rectify this, the regulatory agencies released an Interagency Statement of Model Risk management for Bank Systems Supporting Bank Secrecy Act/Anti-Money Laundering Compliance in April 2021. We have found that subsequent to the release of this guidance, examiners are frequently requesting that model validations be completed for financial institutions of all sizes.

The purpose of Anti-Money Laundering (AML) model validation is to evaluate the effectiveness and accuracy of an AML model in identifying potentially suspicious transactions and preventing money laundering and terrorist financing activities.

A BSA/AML model validation consists primarily of three components:

  • Conceptual soundness – This entails (among other considerations) the review of documentation and empirical evidence used and variables selected for the model. Much of this information is found in the implementation documentation.
  • Ongoing monitoring – This component confirms that the model is appropriately implemented and is performing as intended. Additionally, the processes and procedures for changes to the model are evaluated. For example, when an agent is added or thresholds are changed, what is the process leading up to the change?
  • System/outcome analysis – This verifies that the alerts generated are indeed valid. On the flip side, is the model missing transactions due to parameter settings or data issues?

Common findings

As more financial institutions are having model validations performed, we have found some common findings, both in validation reports and examination reports. Below are some of the most common findings. Reviewing these findings may help a financial institution prepare for its first validation. These include:

  • Data quality issues – Appropriate data is not flowing to the model. This often includes monetary instrument information, wire information, ATM activity, and NAICS codes. A particular concern is 314(a) lists – data from closed accounts and non-customer transactions (such as monetary instrument purchases) is not included in the searches.
  • Inadequate model governance – This includes lack of model documentation, lack of proper oversight and controls, and lack of model testing.
  • Lack of documentation of filtering thresholds – This includes documentation as to why thresholds were selected, as well as why/how any subsequent changes were made.
  • Missing or incomplete mapping documentation – Mapping documentation demonstrates how inputs from various systems flow into the AML Model. This information is usually included in the implementation documentation, though issues often arise when new products and services are introduced.
  • No reconciliation procedure – Institutions should periodically reconcile the data between the system feeding the data into the model and the model. This ensures that transactions are appropriately monitored.

While this list is not exhaustive, it does shed some light as to what auditors and examiners are looking for when it comes to model performance. Addressing these issues prior to a model validation or examination can help the process go more smoothly.

In conclusion

BSA/AML model validation is essential for both financial institutions and regulatory bodies to ensure that AML models are working as intended and regulatory requirements are being met. Young & Associates performs customized BSA/AML Validations and Reviews and collaborates with many of the AML software providers throughout the validation and review to provide a seamless process for our clients. If you would like more information on this article, or on how we can assist your organization, please contact me at epugh@younginc.com or 330.422.3475.

HMDA alert – Smaller mortgage producers may have to comply in 2023

Written by admin on . Posted in Compliance & Regulations, HMDA.

By Bill Elliott, CRCM; director of compliance education, Young & Associates

On September 23, 2022, the United States District Court for the District of Columbia issued an order vacating (canceling) the 2020 Home Mortgage Disclosure Act (HMDA) Final Rule. That final rule changed the limits for closed-end mortgage loans. At the time, that final rule raised the “minimum” for mandatory reporting from 25 to 100 closed-end mortgage loans in each of the two preceding years.

HMDA changes

The court vacated that change, and so the threshold for HMDA reporting in the regulation for 2023 and into the future has been reset back to 25 closed-end loans. Banks that have been able to avoid HMDA because they made fewer than 100 loans are required to comply in 2023. A blog entry issued by the Consumer Financial Protection Bureau (CFPB) on December 8, 2022 stated that the CFPB (and we presume the prudential regulators) will not require backfiling, nor would they cite banks for the absence of 2020, 2021, and 2022 filing data, but said nothing about 2023. Therefore, if your bank made more than 25 closed-end mortgage loans in 2021 and 2022, HMDA is now a requirement for closed-end mortgage loan reporting for your institution – starting January 1, 2023.

We are unsure why the CFPB waited about 10 weeks to inform us. But you will need to dust off those old policies, procedures, systems, and operations to come into compliance, or perhaps create new policies, procedures, and operations in a hurry. Additionally, there may be applications from 2022 that do not have the government monitoring information in file, because it would have been a violation for non-HMDA banks to collect that information. We believe that your institution needs to go back and collect that information for all loans that had an application in 2022, but that close in 2023.

The 25 vs. 100 threshold was a decision made by the CFPB, and that was reversed. The partial exemption changes – impacting a number of the data elements required to be collected – were the result of a change in law, so the partial exemption remains unaffected by this reversal.

HMDA review

Do you need a validation of your HMDA data prior to the 3/1/23 filing deadline? Young & Associates offers an off-site compliance review of your institution’s HMDA data. Using our secure file transfer system, we will validate your HMDA data to detect errors and issues before the filing deadline. For more information on our HMDA Review service, click here or contact Karen Clower, Director of Compliance, at 330.422.3444 or kclower@younginc.com.

2023 Rescission Reference Chart

Written by admin on . Posted in Compliance & Regulations.

View and download the Young & Associates 2023 Rescission Reference Chart to assist your lenders in preparing the Notice of Right to Cancel. Please forward this document to someone in your organization who will use this helpful tool.

For 44 years, Young & Associates has provided consulting, training, and practical tools for the banking industry. Thank you for the opportunity to serve your needs.


Looking for the latest calendar? Click here to access the 2025 Rescission Reference Chart!

Ensure your advertising is complete, clear, and compliant

Written by admin on . Posted in Compliance & Regulations.

In today’s competitive environment, getting the word out about your products and services is crucial. Do your ads meet regulatory expectations, include all advertising terms, and clearly explain what your products and services are to your customers and potential customers?

Get peace of mind with Young & Associates’ Advertising Review Service.

It’s easy!

As part of the advertising review engagement, Young & Associates will:

  • Review all print and electronic advertising material provided by the bank. *
  • Respond to each submitted item in writing within 2 business days, presenting any compliance issues that may be present in the ad.
  • There is no minimum or maximum number of advertisements in a year. Submit advertisements that require that “second look.”
    * The review will not include verification of any APR or APY.

Trusted guidance

Young & Associates provides an unmatched depth of practical expertise. Our compliance consultants are comprised of former banking executives, compliance regulators, and tenured finance professionals. We’re uniquely qualified to understand and solve your challenges, because we have personally experienced those same issues. For more information on this service, contact Karen Clower at kclower@younginc.com or 330.422.3444.

To submit your ad for review click here.

Considering anti-money laundering software for your institution

Written by admin on . Posted in Compliance & Regulations, Information Technology.

By: Edward Pugh, CAMS, consultant

For many financial institutions, one of the most impactful purposes of the Anti-Money Laundering Act of 2020 is the encouragement of technological innovation and the adoption of new technology by financial institutions to more effectively counter money laundering and the financing of terrorism. While a requirement to adopt technology in the AML space is not spelled out, the encouragement is being meted out in regulatory exams. Industry professionals have noted that the asset-size thresholds for scrutiny of the adoption of technology (or lack thereof) is decreasing.

AML advantages

Aside from regulatory expectations, there are many advantages in adopting AML technology solutions, which include better detection capability, more efficient workflows, better information flow, and many others. There is a plethora of providers in the marketplace offering a wide range of products and capabilities. However, the aim of this article is to lay out some considerations once the decision to adopt new technologies has been made.

Here are some things to consider:

  • Risk Assessment. Your institution’s BSA/AML risk assessment should drive the technology selection process. It is important to be able to demonstrate that the technology does in fact mitigate the risks that were assessed. The risk assessment can also serve as a guide in determining the sophistication of the software needed; a lot of products in the market may offer many features and options that may not be necessary.
  • Data. Data quality is the most important aspect of implementing AML software technology. Any implementation will require time to be devoted to data cleansing and mapping. Most vendors offer varying levels of assistance depending on your needs. Whether this part of the process is handled in-house or through a vendor, there will be costs associated with data preparation.
  • Future-proof. While no technology can be “future-proof,” it is important to have a platform that is robust and can handle upgrades or changes in your institution’s core software and any ancillary systems that may be feeding data into the AML software. There should also be a clear process for updates as regulations, laws, and criminal typologies change or are discovered.
  • Maintenance. BSA/AML evolves constantly. Financial institutions and their customers continually change. Over time, fine-tuning scenarios and thresholds is an important periodic activity. Some software allows the institution to conduct changes to the model while others require more vendor involvement. It’s an important area to consider when choosing between the numerous options.
  • Efficiency. Properly implemented, quality AML platforms will reduce the compliance burden in your institution. However, it is important to note that there will be “growing pains” in the beginning. One of the most common surprises is the often-dramatic increase in alerts generated. This is usually due to new scenarios being monitored, and much more transaction data being monitored. It can also be due to data quality issues that can arise during implementation. This surge in alerts is temporary. The efficiency comes as the system is fine-tuned and staff becomes more acquainted with the platform and its capabilities.

More on AML

One final thought: Think big, start small. AML platforms can be customized and upgraded. For many institutions, the choices are overwhelming. Of course, there are many other factors that must be taken into account, especially cost. Having a clear understanding of the above-mentioned considerations will help weigh the cost considerations in choosing between the many options available in the marketplace.

For more information on the selection of AML software, contact us at mgerbick@younginc.com or 330.422.3482. And if your institution has AML software in place, please read the following article, AML Validation & Review, to learn more about how we can assist your financial institution in the validation and review of your existing AML software. Our BSA team is uniquely qualified to guide you through this often complicated and technical process, and we look forward to working with you to achieve your goals.

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