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2014 Regulatory Compliance School
Omni Rancho Las Palmas


Approved for 41.75 credits by the ABA Institute of Certified Bankers (ICB) toward your Certified Regulatory Compliance Manager (CRCM) certification!

The continued fallout from Dodd-Frank has brought an increased focus by federal regulators on protecting consumers from alleged bank excesses, lead by the Consumer Financial Protection Bureau. You’ll see more emphasis on the compliance management and oversight responsibilities of senior management and Directors. Also you’ll be subject to a steadily increasing ramp-up of Fair Lending issues (and penalties).

Bank compliance today requires the type of information and support that begins with the CBA’s Regulatory Compliance School; it encompasses a network of peers you will get to know at the School. . .and provides the awareness bankers need when managing a cost effective compliance system.

Today, banks are under greater compliance scrutiny than they have seen in decades. Bankers are still getting used to the significant lending regulations in 2014 however there will be even more substantial changes coming to HMDA, TILA and RESPA as the CFPB continues to flex their muscles. The future promises more regulatory responsibilities for banks and CBA’s Regulatory Compliance School, reflects the current and latest regulatory changes. The School will give you the tools and resources you need to successfully navigate the world of compliance. 

Our Regulatory Compliance School is the core of cost-effective compliance management in a regulatory world where compliance officers and staff. . .directors and management. . .BSA officers. . .and the bank itself are under increasingly intense scrutiny.

This five-day program will help you develop an essential technical understanding of major compliance issues, and lay the groundwork for developing and maintaining an effective compliance program. CBA’s Regulatory Compliance School is designed around three core modules:

  • Lending compliance (Regs Z and B, fair housing, RESPA, FCRA, HMDA, flood insurance)
  • Deposit/operations compliance (BSA/USA Patriot Act, OFAC, Regs D/Q, DD, E and CC, privacy and e-compliance)
  • Compliance management (Developing and managing a compliance program and integration techniques for compliance programs)

Who Should Attend

  • Compliance officers
  • Auditors
  • Lending personnel
  • Deposit/operations
  • Attorneys

Dates & Accomodations

May 19 – 23, 2014

Omni Rancho Las Palmas
41000 Bob Hope Drive
Rancho Mirage, CA 92270
(760) 568-2727 

CBA has established a room block at the rate of $149/night and includes access to fitness center, in-room internet and overnight self parking. Please make your reservation by contacting room reservations at (866) 423-1195 by the cut-off date of April 18.  After this date, room rates will be offered on a space and rate availability basis.

Tuition

Early-Bird Registration Fees extended to April 28, 2014
CBA Member: $2,900
Non-Member: $3,900

Regular Registration Fees after April 28, 2014
CBA Member: $3,400
Non-Member: $4,400

Cancellation & Complaint Resolution Policy:

Substitutions are allowed, at no additional cost. Written notice is required for all cancellations. If the request is received by Monday, April 28, 2014, the full registration fee will be refunded, minus a $500 processing fee. If the request is received by Monday, May 5, 50 percent will be refunded. No refunds will be granted after May 5. Registrations made on or after May 5 are not subject to refund.

Complaints regarding this program should be directed to John Lingvall, VP & Director of Education at (916) 438-4428.

Program Objectives & Agenda

(Breakfast will be available from 7:00 – 8:00 each morning)

At the end of each day the instructors will conduct “study groups” for those participants who have questions or who would like additional help on any of the topics covered that day.

DAY ONE (8:00 a.m – 4:30 p.m.)

Objectives

At the conclusion of day one, participants should:

  • Differentiate between an application and an inquiry for disclosure purposes, describe the eight stages of an application and identify the latest fair lending issues;
  • Understand key regulatory provisions of lending rules such as furnishing adverse action notices, right of rescission and new FACTA disclosure requirements;
  • Calculate flood insurance coverage for residential, commercial and condos using appropriate coverage rules; and
  • Identify finance and prepaid charges, calculations, APR tolerances and payment streams on the new Truth in Lending disclosures.

Program Introduction

Credit Compliance, Part I

Consumer loan product regulations are more complex and detailed than ever – and more significant changes are coming soon. With greater scrutiny comes higher risk of noncompliance and the likelihood of enforcement action and/or civil money penalties. This program offers a comprehensive discussion of consumer compliance regulations and effective assessment methods. Lenders and compliance officers will be better prepared to effectively audit, train and manage the bank’s compliance lending requirements. You’ll meet the pressing demands of lending compliance with new tools, skills and insights learned to take action in controlling lending risks.

Reg B: Equal Credit Opportunity Act

  • Equal treatment and fair lending considerations
  • Applications stages: inquiries, incompletes, withdrawals, denials, and approvals
  • Adverse action rules and business loan denial options
  • Collection of government monitoring information
  • Prohibitions against certain requests (e.g., spousal inquiries)
  • New requirements for providing copies of appraisals and evaluations

Fair Credit Reporting Act

  • Credit report access prohibitions
  • Access to credit scores by consumers
  • Fraud/Active duty alerts
  • FACTA lending notices

National Flood Act

  • Biggert-Waters Flood Insurance Reform Act changes
  • Covered transactions
  • New penalty rule; what is a pattern and practice?
  • When to pull flood determinations
  • New escrow rules for flood loans
  • Furnishing flood notices and force placing insurance
  • Determining insurable value
  • New guidance from the NFIP
  • Flood coverage rules and myths
  • What examiners look for in a flood exam

Reg Z: Truth in Lending Acts

  • Reg Z coverage and disclosure rules
  • Review the differences in TILs for mortgage and consumer lending
  • Disclosures required for a mortgage loan TIL
  • Determining when early TIL errors affect the closing date
  • Calculating prepaid finance charges
  • APR disclosure rules
  • APRWIN software
  • Requirements for HPMLs
  • Right of rescission rules and pitfalls

 

DAY TWO (8:00 a.m. – 4:30 p.m.)

Objectives

At the conclusion of day two, participants should:

  • Describe the new Ability-to-Repay and QM rules;
  • Understand the QM exemption rules
  • Understand PMI disclosure requirements for originating and terminating PMI coverage;
  • Prepare a Good Faith Estimate and HUD Settlement Statement according to RESPA and non-compliance curing errors;
  • Prepare “no cost and paid outside of closing charges” plus testing for HUD tolerance exceptions;
  • Recognize when kickback provisions expose the bank to penalties, calculate the initial escrow statement and perform an ongoing annual accounting adjustment when there is a funding surplus, shortage or deficit; and
  • Describe the small servicer exemption
  • Understand the timing requirements to responding to error resolution claims and requests for information
  • Understand policy and procedure requirements
  • Understand the disclosure requirements for periodic statements Describe the requirements for continuity of contact and early intervention for delinquent borrowers
  • Understand requirements for prompt crediting of payments and payoff statements
  • Understand requirements for force placement of insurance and mortgage servicing transfers
  • Complete a HMDA report and understand the coding rules to determine what transactions are HMDA reportable.

Credit Compliance, Part 2

This segment focuses on the additional regulatory requirements for mortgage lending – the most complex of all consumer loans. Current information is essential for managing an effective compliance program.

Regulation Z Continued

  • Overview of how to identify covered transactions
  • What makes a high priced mortgage loan?
  • Brief overview of the new combined GFE and TIL
  • Ability-to-Repay Rule Requirements
  • Definition of a Qualified Mortgage
  • Exempt QM lending provisions for certain lenders
  • Small Creditor Portfolio Qualified Mortgages
  • Temporary Exemption Agency/GSE QMs
  • Balloon Payment QMs
  • Temporary Balloon Payment QMs
  • Safe Harbor for QMs
  • Rebuttable presumption for HPML QMs
  • New calculation thresholds for HOEPA (Section 32) Loans

Homeowners Protections Act

  • Understanding PMI cancellation rules
  • Providing the right PMI account disclosure
  • Completing critical PMI disclosure fields
  • Showing the PMI charges on the TIL

Reg X: Real Estate Settlement Procedures Act (RESPA)

  • Preparing good faith estimates and HUDs
  • Identifying “kick back” violations
  • Learning how to disclose “no cost” loans
  • Applying the right tolerance thresholds to loan charges
  • Curing charges that exceed tolerances
  • Calculating escrow amounts on initial and ongoing disclosures

Reg X & Reg Z: Dodd Frank Act Mortgage Servicing Rules

  • Small Servicer exemption
  • New requirements for error resolution and information requests
  • Requirements for force placement of insurance
  • Policy and procedure requirements
  • Requirements for early intervention for delinquent borrowers
  • Requirements for continuity of contact
  • Requirements for mortgage servicing transfers
  • New periodic statement requirements for closed end mortgages
  • Requirements for prompt crediting of payments
  • Payoff statement requirements

Reg C: Home Mortgage Disclosure Act (HMDA)

  • Who must report?
  • Identifying what and when to report
  • Capturing government monitoring information
  • Identifying what loans are subject to rate spread reporting
  • Calculating rate spreads
  • Setting HMDA audit sampling sizes
  • Discussing common violations

 

DAY THREE (8:00 a.m. – 4:30 p.m.)

Objectives

At the conclusion of day three, participants should:

  • Identify the information that must be disclosed to deposit account customers;
  • Recognize compliance solutions that can enhance sales and operations processes;
  • Identify and correct deficiencies that might exist in deposit account disclosures; and
  • Understand deposit regulations with an eye toward UDAAP.

Deposit Compliance, Part I

Consumer deposit products, services and delivery methods have changed dramatically due to the Dodd-Frank Act. Regulatory amendments and new interpretations have created an extremely complex deposit environment. This program provides a comprehensive discussion on critical deposit account rules and discusses the implications of UDAAP and the subjectivity of enforcement. Compliance officers and personal bankers will be better prepared to identify solutions in the deposit account front-line sales and operations areas.

Reg Q: Interest on Demand Deposits

  • What’s left?
  • Interest-bearing DDA vs. NOW Accounts – they’re not quite the same
  • What are the premium rules?

Reg D: NOW Eligibility and Savings/MMDA Limits

  • Rules post-Reg Q
  • What changed?
  • Regulatory minimum and your bank’s early withdrawal penalty
  • Tracking transaction activity rules
  • What are the reserve requirement rules? How do they impact compliance?

Reg E: Electronic Funds Transfer Act

  • Disclosures and notices
  • Resolving error claims
  • Electronic check conversion
  • Customer education
  • Remote deposit capture
  • Mobile banking
  • Foreign remittance rules
  • Examination trends and frequent findings

Reg CC: Expedited Funds Availability Act

  • Disclosures and notices
  • What’s new
  • Implications of item posting order
  • Common hold notice errors
  • Check 21

Reg P/Privacy and Information Sharing “Opt Outs”

  • Reg P rules
  • New model form (01/01/11)
  • Connection with FCRA sharing
  • Do not market/do not solicit policies

Fair Credit Reporting Act/ID Theft “Red Flags”

  • Address discrepancies
  • Credit report alerts
  • Other “red flags”
  • Affiliate marketing
  • Annual report

 

DAY FOUR (8:00 a.m. – 4:30 p.m.)

Objectives

At the conclusion of day four, participants should:

  • Identify the information that must be disclosed to deposit account customers;
  • Recognize compliance solutions that can enhance sales and operations processes;
  • Identify and correct deficiencies that might exist in deposit account disclosures; and
  • Understand deposit regulations with an eye toward UDAAP.

Deposit Compliance, Part 2 and BSA/AML Compliance

This program examines legal and regulatory requirements in several key areas that impact customer relationships throughout the bank. Emphasis is placed on recent changes, evolving BSA/AML developments, and the need to establish comprehensive programs bank-wide.

Reg DD: Truth in Savings Accounts (TISA)

  • Disclosures and notices
  • Unfair, Deceptive, or Abusive Acts or Practices (UDAAP)
  • The higher-risk parts of the rules (i.e. inconsistent terminology, products/terms changes)
  • Advertising compliance
  • Common disclosure errors

BSA, AML and USA Patriot Act

  • Program components/pillars
  • Technical requirements
  • Completing CTRs
  • CTR exemptions
  • Enterprise-wide risk assessment
  • Customer due diligence and enhanced due diligence
  • Suspicious activity monitoring
  • 314(a) searches
  • 314(b) registration and advantages
  • Core and expanded examination procedures
  • Current trends/schemes
  • Recent exam findings
  • Applying lessons learned from enforcement actions

Legal Review
Leland Chan, SVP & General Counsel, CBA

  • What regulatory issues are currently hot topics for the industry?
  • What actions is the industry taking?
  • What is the potential impact on the industry?
  • What California laws may affect interpretation of certain federal laws, such as the FACT Act and privacy regilations?

 

DAY FIVE (8:00 a.m. – 3:30 p.m.)

Objectives

At the conclusion of day five, participants should:

  • Understand alternative ways to develop risk-based compliance management systems;
  • Develop and implement a comprehensive program;
  • Assess compliance risks for your bank;
  • Understand the keys to working with regulators and your bank’s senior management; and
  • Present a compliance program that demonstrates your competence and value.

Compliance Management and Administration

As the complexity and pervasiveness of regulatory compliance increases, so does the importance of a structured compliance program. This program introduces a comprehensive compliance program that will satisfy regulators, mitigate regulatory risk and meet institutional goals.

Regulatory Process

  • Laws/regulations and bank’s involvement in the process
  • Current regulatory trends

Compliance Management Systems –
CFPB’s Way and the Compliance Professional’s Way

  • Board and management oversight
  • Comprehensive program
    • Policies and procedures
    • Risk assessment
    • Change control
    • Maintaining compliance competence
    • Vendor management (from the compliance officer’s perspective)
    • Corrective action

Audit/Review

  • Monitoring
    • Identifying activities that need to be periodically monitored
    • Identifying how often monitoring should occur
    • Reporting monitoring findings
    • Tracking identified issues
  • Independent Reviews
    • Identifying areas, rules, or activities
    • Determining frequency
    • Process review, transaction testing, or both
    • Oversight

Consumer Complaints

  • Formal response to written (includes e-mail)
    • Direct from consumers
    • Through regulatory agencies
    • Through Better Business Bureau or other sources
  • Responding to verbal complaints
  • Tracking complaints (including verbal) to identify:
    • Inconsistencies
    • Possible UDAAP issues
    • Possible fair lending issues

Preparing for Examination

  • Planning ahead
  • Being prepared
  • Controlling the examiner interview process
  • Handling exceptions
  • Participating in the “wrap up” meeting
  • Potential penalties

Compliance Attendee Forum

  • Representatives from the class will discuss current challenges, trends and findings, and answer questions from participants.

Final Exam

PROGRAM CLOSE

Faculty

Tom Thomas – Lead Instructor
Tom Thomas, founder and president of the Thomas Compliance Associates, Inc. (TCA), has been a knowledgeable, respected part of the financial compliance scene for more than 30 years. He has written compliance books, guides and countless articles on banking compliance issues. Thomas also is a bank director and shares information which enables participants to understand compliance from management’s perspective. TCA, is recognized as one of the top compliance consulting firms in the financial industry.

Jim Dray – Instructor
Bank veteran Jim Dray brings a solid operations and compliance background to TCA clients. His compliance experience includes hands-on management at both community banks and large bank holding companies. Mr. Dray is a Certified Regulatory Compliance Manager (CRCM) with a diverse background in compliance risk management.  Mr. Dray is a BSA/AML specialist, and has conducted over 150 independent reviews for TCA member Banks. He is a regular speaker for the Illinois Bankers Association compliance school, where he teaches the BSA/AML portion of the school. Mr. Dray is a featured speaker for TCA, having presented topics to the Illinois Bankers Association and the Chicago chapter of the Anti-money Laundering Association (AMLA).  Mr. Dray joined TCA, the Thomas Compliance Associates, Inc., in 2002. He was named Director of Audits and Education in mid-2006, Director of Client Services in 2007, and President of TCA in August 2009.  Mr. Dray holds a Certified Regulatory Compliance Manager designation from the institute of Certified Bankers.

Additional speakers will include:

Leland Chan, SVP, CBA general counsel.

CPE Credit Information

Program Level: Beginner/Intermediate

Prerequisite: None

Advance Preparation: None

Method of Presentation: Group – Live (Lecture, Discussion, and Table Exercises)

Recommended CPE Credits: 41.0 Hours Maximum
(Estimated 9.0 Business management & Organization, 5.0 Management Advisory Services, 9.0 Regulatory Ethics, 10.0 Specialized knowledge and Applications, and 6.0 Auditing)
Sponsored learning activities are measured by program length, with one 50-minute period equal to one CPE credit.  One-half CPE credit increments (equal to 25 minutes) are permitted after the first credit has been earned in a given learning activity.  Please note that not all state boards have adopted this rule.  Some participants may not be able to use one-half credit increments
 

Frequently Asked Questions

Will I receive credits towards the CRCM designation?

Yes, you will. The program has been certified by the ABA, Institute of Certified Bankers for 41.75 credits. You will also earn 27.5 CLBB (Commercial Lending Business Banker) credits.

Can I register for just the Deposit or Credit/Lending modules?

Yes, but you will need to download the registration form and submit by mail/fax. Pricing for only the lending module (days 1-2) or the deposit module (days 3-4), includes the option of also attending the compliance management module (day 5, if requested when registering)

Member cost to attend one module only:
$1,945 by April 21
$2,095 after April 21

Non-member cost to attend one module only:
$2,445 by April 21
$2,595 after April 21

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