COMMUNITY BANK UNIVERSITY

Bank Compliance Center

In today’s banking environment as soon as one big new regulation is implemented another pops up. ICBA’s compliance training opportunities and exceptional resources, online and offline, will help your community bank stay informed and one step ahead of the regulators.

Recent Compliance News

ICBA, State Affiliates Urge CFPB to Improve Mortgage Disclosures

Mar 29, 2023 | Press Release
The Independent Community Bankers of America (ICBA) and 42 affiliated state banking associations today called on the Consumer Financial Protection Bureau to approve a proposed template that would improve mortgage disclosures required under TILA-RESPA Integrated Disclosure (TRID) rules.

CFPB says TILA doesn’t preempt state disclosure laws

Mar 29, 2023 | NewsWatch Today
The Consumer Financial Protection Bureau said state disclosure laws covering lending to businesses in California, New York, Utah, and Virginia are not preempted by the federal Truth in Lending Act.

Upcoming Compliance Training

Community Bank Guide to Reg. O

Reg. O is an insider abuse regulation which draws significant regulatory attention and scrutiny in the best of times. Economic concerns related to inflation and high interest rates, among other matters, will increase the regulatory attention and scrutiny on these issues.

This webinar will provide a discussion of the regulatory requirements, agency interpretation and enforcement, and commonly cited violations along with practical tips and strategies to achieve compliance and avoid Reg. O violations.

Learning Objectives:

  • Understand the regulatory requirements of Reg. O.

  • Become familiar with the commonly cited violations.

  • Learn strategies to comply and avoid violations.

Compliance Question of the Week

Question: An employee has recently sought accommodations based on migraines stating it is covered under Americans with Disabilities Act. What is considered a disability under ADA?

ANSWER:

In general, the ADA defines disability to include in part, “a physical or mental impairment that substantially limits one or more major life activities of such individual” (The complete definition should be consulted to ensure proper context.)

When making such a determination, ensure that proper consultation by qualified individuals is sought e.g., bank’s HR, legal counsel, etc.

Reference: Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325): Title 42 Chapter 126 section 12101 “definition of disability”.

Question: What are the record retention requirements under the E-Sign Act?

ANSWER:

Under the E-Sign Act, if a financial institution is legally required to maintain copies of a contract or other records of a transaction, the institution may rely on an electronic record of the information that accurately reflects the information in the contract or other record, and that remains accessible to all persons who are legally entitled to access the information in a form that can later be reproduced.

Reference: Fed. Consumer Compliance Outlook, 4th Quarter 2009; 15 U.S.C. 7001(d).

Question: What is definition of affirmative consent under CAN-SPAM?

ANSWER:

The term "affirmative consent", when used with respect to a commercial electronic mail message, means that

(A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient's own initiative; and

(B) if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient's electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages.

Reference: Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) 15 USC 7701.

Question: Under the Homeowners Protection Act, when must unearned premiums be returned for cancelled insurance?

ANSWER:

Unearned premiums must be returned not later than 45 days after the termination or cancellation of a private mortgage insurance requirement under this section, all unearned premiums for private mortgage insurance shall be returned to the mortgagor by the servicer.

Reference: Homeowners Protection Act 12 USC 4902(f)

Question: Under the Service Members Civil Relief Act, how does a servicemember request relief?

ANSWER:

The servicemember must provide a written notice to the creditor and a copy of the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember's termination or release from military service. 

Reference: Section 207(b) ; 50 USC 527.  


 

Compliance Vault

The ICBA Compliance Vault is now available as a member benefit to all ICBA members.

The Compliance Vault is a reliable search tool that helps you find answers to your regulatory compliance questions, with access to over 2,500 Q&As, select online courses, and documents.

Learn more & open the vault

Compliance Resources

Online Training

Online Training Plans - CBU

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Community Banker University offers a variety of online training options with courses that build knowledge and a strong foundation within key areas of the banking industry and professional development.

Prices vary by plan, check the plan comparison chart for more information!

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Online Training

Compliance Certificate Program

Online Certificates

The courses in the Community Banker Compliance Certificate Program are designed to give community bankers the knowledge and skills they need to become experts in regulatory compliance. The certificate program consists of four critical learning areas.

$499 / ICBA Members

$1,499 / Non-Members

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Subscription

Compliance Working Papers

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One of the three elements of an effective compliance program is monitoring and corrective action. These compliance working papers are essential for monitoring your financial institution’s compliance with federal consumer compliance laws and regulations.

Initial Price
ICBA Member: $599
Nonmember: $799

Annual Digital Renewal
ICBA Member: $399
Nonmember: $499

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Subscription

Compliance Deskbook and Bulletin Service

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The Compliance Deskbook is a compliance officer’s one-stop-shop for accessing compliance regulations, important dates, agency guidance, questionnaires, updates, and other resources.

Initial Price
ICBA Member: $499
Nonmember: $799

Annual Digital Renewal
ICBA Member: $349
Nonmember: $649

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Subscription

Check Your Ad Program

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The Check Your Ad Program takes the guesswork out of determining the appropriate requirements for deposit and lending advertisements so that you can ensure your advertisements are compliant before an auditor or examiner finds a violation.

Initial Price
ICBA Member: $599
Nonmember: $899

Annual Digital Renewal
ICBA Member: $449
Nonmember: $749

Learn More