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Banking Regulations – Risk Management Records Information Management System (RIM)

Banking regulations – risk management

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Page 1: Banking regulations – risk management

Banking Regulations – Risk ManagementRecords Information Management System (RIM)

Page 2: Banking regulations – risk management

Numerous state and federal laws impact your Company’s Records Information Management System:• Federal Financial Regulations

• State Financial and Product or Service Specific Regulations

• Labor, Employment, Contract, Tort and Tax Regulations

Enterprise Wide RIM• Identify “business records” of your Company that

impact all lines of business and operational units (Employment, etc.)

• Identify Product or Service specific business records• Define Documents vs “Records”• Data Map – server, cloud, computer, specific system or

3rd party vendor, know how to search and retrieve data

Enterprise Wide RIM

Identify those Enterprise

level business records

Identify Specific

Business or Operational

Unit business records Identify System

& place where each record is created, stored and or how it is

catalogued

Page 3: Banking regulations – risk management

Federal Financial Regulations: Extension of Credit by Federal Reserve Banks (Reg A) Bank Secrecy Act (BSA) / Anti-Money Laundering (AML)Check Clearing for the 21st Century ActConsumer Credit Protection ActCommunity Reinvestment Act of 1977 (Reg BB)Consumer Leasing Act (Reg M)Dodd-Frank Wall Street Reform and Consumer Protection Act (Reg PP)Electronic Fund Transfer Act (Reg E)Equal Credit Opportunity Act (Reg B)Expedited Funds Availability Act (EFAA)Fair Housing ActFair & Accurate CreditTransactions ActFair Credit Billing ActFair Credit Reporting Act (Reg V)Home Mortgage Disclosure Act (HMDA) (Reg C)Home Ownership & Equity Protection ActHome Owners’ Loan ActReal Estate Settlement Procedures ActRight to Financial Privacy Act (Reg P)Secure and Fair Enforcement in Mortgage Licensing Act (S.A.F.E. Act)Truth in Lending Act (TILA) (Reg Z)Sarbanes-Oxley Act of 2002USA PATRIOT Act

Truth in Savings Act (TISA)Reserve Requirements of Depository Institutions (Reg D)Limitations on Interbank Liabilities (Reg F)Gramm-Leach Bliley Act Disclosure and Reporting of CRA-Related Agreements (Reg G)Membership of State Banking Institutions in FRS (Reg H) Issue and Cancellation of FRB Capital Stock (Reg I)Collection of Checks and Other Items by FRB and Funds Transfers through Fedwire (Reg J)Management Official Interlocks (Reg L)Loans to Executive Officers, Directors and Principal Shareholders of Member Banks (Reg O)Capital Adequacy of Bank Holding Companies, S&L Holding Companies and State Member Banks (Reg Q)Exceptions for Banks from Broker in SEC of 1934 (Reg R)Reimbursement to Financial Institutions for Providing Financial Records; Recordkeeping Requirements for Certain Financial Records (Reg S)Credit by Brokers and Dealers (Reg T)Credit by Banks and Persons other than B-D (Reg U)Transactions between Member Banks (Reg W)Borrowers of Securities Credit (Reg X)Bank Holding Companies and Change in Bank Control (Reg Y)

Availability of Funds and Collection of Checks (Reg CC)Netting Eligibility for Financial Institutions (Reg EE)Obtaining and Using Medical Information in Connection with Credit (Reg FF), HIPAA, HITECHProhibition of Funding of Unlawful Internet Gambling (Reg GG)Designated Financial Market Utilities (Reg HH)Debit Card Interchange Fees and Routing (Reg II)Incentive-Based Compensation Arrangements (Reg JJ)Swaps Margin and Swaps Push-Out (Reg KK)S&L Holding Companies (Reg LL)Mutual Holding Companies (Reg MM)Securities Holding Companies (Reg OO)Resolution Plans (Reg QQ)Credit Risk Retention (Reg RR)Supervision and Regulation Assessments of Fees (Reg TT)Proprietary Trading and Relationships with Covered Funds (Reg VV)Liquidity Risk Measurement Standards (Reg WW)Concentration Limit (Reg XX)Enhanced Prudential Standards (Reg YY)Electronic Signatures in Global and National Commerce Act (ESIGN)Garnishment of Accounts Containing Federal Benefit PaymentsServicemembers Civil Relief Act

Page 4: Banking regulations – risk management

Regulations by Agency - Consumer Financial Protection Bureau:

Reg A – Extensions of Credit by Federal Reserve BanksReg D – Reserve Requirements of Depository InstitutionsReg F – Limitations on Interbank LiabilitiesReg G – Disclosure and Reporting of CRA-Related AgreementsReg H – Membership of State Banking Institutions in the Federal Reserve SystemReg I – Issue and Cancellation of Capital Stock of FRBReg J – Check Collection and Funds TransferReg K – International Banking OperationsReg L – Management Official InterlocksReg N – Relationships with Foreign Banks and BankersReg O – Loans by Member Banks to their Executive Officers, Directors and Principal ShareholdersReg R – Exceptions for Banks from Definition of Broker in SEC Act of 1934Reg S – Reimbursement for Providing Financial RecordsReg T – Credit by Brokers DealersReg U – Credit by Banks and Persons other than B-D for Purpose of Purchasing or Carrying Margin StockReg V – FCRAReg W – Transactions between Member Banks and their AffiliatesReg X – Borrowers of Securities CreditReg Y- Bank Holding Companies and Change in Bank ControlReg Z – TILAReg DD - TISA

Page 5: Banking regulations – risk management

Regulations by Agency – Federal Reserve Bank:Regulation A - Extensions of Credit by Federal Reserve Banks

Regulation D - Reserve Requirements of Depository Institutions

Regulation F - Limitations on Interbank Liabilities

Regulation G - Disclosure and Reporting of CRA-Related Agreements

Regulation H - Membership of State Banking Institutions in The Federal Reserve System

Regulation I - Issue and Cancellation of Capital Stock of Federal Reserve Banks

Regulation J - Check Collection and Funds Transfer

Regulation K - International Banking Operations

Regulation L - Management Official Interlocks

Regulation T - Credit by Brokers and Dealers

Regulation U - Credit by Banks and Persons other than Brokers or Dealers for the Purpose of Purchasing or Carrying Margin Stock

Regulation V - Fair Credit Reporting

Regulation W - Transactions between Member Banks and their Affiliates

Regulation X - Borrowers of Securities Credit

Regulation Y - Bank Holding Companies and Change in Bank Control

Regulation N - Relationships With Foreign Banks and Bankers

Regulation O - Loans by Member Banks to Their Executive Officers, Directors, and Principal Shareholders

Regulation R - Exceptions for Banks from the Definition of Broker in the Securities Exchange Act of 1934

Regulation S - Reimbursement for Providing Financial Records; Recordkeeping Requirements for Certain Financial Records

Regulation AA - Unfair or Deceptive Acts or Practices

Regulation BB - Community Reinvestment

Regulation CC - Availability of Funds and Collection of Checks

Regulation FF - Obtaining and Using Medical Information in Connection with Credit

Regulation GG - Prohibition on Funding of Unlawful Internet Gambling

Regulation II - Debit Card Interchange Fees and Routing

Regulation MM - Mutual Holding Companies

Regulation NN - Retail Foreign Exchange Transactions

Page 6: Banking regulations – risk management

Regulations by Agency – Federal Deposit Insurance Corporation (FDIC):

Advisement of Membership (12 C.F.R. Part 328)Deposit Insurance Coverage (12 C.F.R. Part 330)

Regulations by Agency – U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN):

• Part 1010 General Provisions• Part 1020 Rules for Banks• Part 1060 Provisions Relating to the

Comprehensive Iran Sanctions, accountability, and Divestment Act of 2010

Regulations – Foreign & International Transactions:• International Banking Operations (Reg K)• Relations with Foreign Banks and Bankers (Reg N)• Retail Foreign Exchange Transactions (Reg NN)