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MEETING OF THE CONSUMER ADVISORY COUNCIL

The Federal Reserve Board announced on March 2, 1999, that the Consumer Advisory Council would hold its next meeting on Thursday, March 25, in a session open to the public. The council's function is to advise the Board on the exercise of its responsibilities under the Consumer Credit Protection Act The Consumer Credit Protection Act (15 U.S.C.A. § 1601 et seq. [1972]) is federal statute designed to protect borrowers of money by mandating complete disclosure of the terms and conditions of finance charges in transactions; by limiting the Garnishment of wages; and by regulating  and on other matters on which the Board seeks its advice.

WITHDRAWAL OF THE PROPOSED "KNOW YOUR CUSTOMER" REGULATION

The Federal Reserve Board on March 23, 1999, announced withdrawal of its proposed "Know Your Customer" regulation that was issued for public comment on December 7, 1998.

The Board, acting along with the Federal Deposit Insurance Corporation Federal Deposit Insurance Corporation (FDIC), an independent U.S. federal executive agency designed to promote public confidence in banks and to provide insurance coverage for bank deposits up to $100,000. , the Office of the Comptroller of the Currency The Office of the Comptroller of the Currency (or OCC) was established by the National Currency Act of 1863 and serves to charter, regulate, and supervise all national banks and the federal branches and agencies of foreign banks in the United States. , and the Office of Thrift Supervision The Office of Thrift Supervision (OTS) was established as a bureau of the Treasury Department in August 1989 as part of a major Reorganization Plan of the thrift regulatory structure mandated by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) (12 U.S.C.A. , withdrew the proposal in response to comments received.

REGULATIONS H AND Y: FINAL RULES

The Federal Reserve Board on March 2, 1999, issued two final rules amending the risk-based and leverage capital standards for state member banks (Regulation H--Membership of State Banking Institutions in the Federal Reserve System) and the risk-based capital standard for bank holding companies (Regulation Y--Bank Holding Companies and Change in Bank Control). The rules were effective April 1, 1999.

The rules address the risk-based capital treatment of construction loans on presold presold

Of, relating to, or being a new security issue that is sold out before all the specifics of the issue have been announced. In the case of a bond issue, this term usually means that sufficient orders for the issue have been placed before announcement
 residential properties, junior liens on one- to four-family residential properties, and investment in mutual funds.

For state member banks and bank holding companies, there is no change in the risk-based capital treatment of construction loans on presold residential properties or junior liens on one- to four-family residential properties.

With regard to the risk-based capital treatment of investments in mutual funds, state member banks or bank holding companies may continue to assign an investment in a mutual fund to the risk category appropriate to the highest risk-weighted asset allowable under the stated investment limits in the fund's prospectus or, at their option, assign the investment on a pro rata [Latin, Proportionately.] A phrase that describes a division made according to a certain rate, percentage, or share.

In a Bankruptcy case, when the debtor is insolvent, creditors generally agree to accept a pro rata share of what is owed to them.
 basis to different risk categories according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the limits of the fund's prospectus. The total risk weight of the fund under either risk-weighting method may not be less than 20 percent.

With regard to the leverage capital standard for state member banks, institutions with a composite rating of "1" under the Uniform Financial Institutions Rating System will continue to have a minimum ratio of tier 1 capital Tier 1 Capital

A term used to describe the capital adequacy of a bank. Tier I capital is core capital, this includes equity capital and disclosed reserves.

Notes:
Equity capital includes instruments that can't be redeemed at the option of the holder.
 to total assets (leverage ratio) of 3.0 percent.

Other institutions will now be required to maintain a minimum leverage ratio of 4.0 Percent, rather than the previous minimum of 3.0 percent, plus an additional cushion of 100 to 200 basis points.

The Board notes that an institution may be required to maintain higher-than-minimum capital levels if warranted and emphasizes that an institution should maintain a capital level commensurate com·men·su·rate  
adj.
1. Of the same size, extent, or duration as another.

2. Corresponding in size or degree; proportionate: a salary commensurate with my performance.

3.
 with its risk profile.

The Board issued an amendment addressing the bank holding company leverage capital guidelines guidelines,
n.pl a set of standards, criteria, or specifications to be used or followed in the performance of certain tasks.
 in June 1998.

These final rules were adopted on a joint basis with the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision.

REGULATION M: REVISIONS TO THE OFFICIAL STAFF COMMENTARY

The Federal Reserve Board on March 31, 1999, announced revisions to its Regulation M (Consumer Leasing) official staff commentary, which applies and interprets the requirements of the regulation. The revisions are effective immediately; however, compliance is optional until March 31, 2000.

The revisions provide guidance on disclosures for lease renegotiations and extensions, official fees and taxes, multiple-item leases, and advertisements.

REGULATION Z: REVISIONS TO THE OFFICIAL STAFF COMMENTARY

The Federal Reserve Board on March 31, 1999, announced revisions to its Regulation Z (Truth in Lending) official staff commentary, which applies and interprets the requirements of the regulation. The revisions are effective immediately; however, compliance is optional until March 31, 2000.

The revisions provide guidance on the prohibition against the issuance of unsolicited un·so·lic·it·ed  
adj.
Not looked for or requested; unsought: an unsolicited manuscript; unsolicited opinions.


unsolicited
Adjective
 credit cards and on the calculation of payment schedules involving private mortgage insurance.

In addition, the update discusses credit sale transactions, in which down payments include cash and property used as a trade-in, and adopts several technical amendments.

REGULATION CC: FINAL AMENDMENTS

The Federal Reserve Board on March 23, 1999, announced final amendments to Regulation CC (Availability of Funds and Collection of Checks) that will facilitate banks' efforts for Year 2000 readiness.

The amendments will allow banks that consummate merger transactions on or after July 1, 1998, and before March 1, 2000, greater time to implement software changes related to the merger.

The amendments allow these banks to be treated as separate banks until March 1, 2001. Beginning in March 2000, banks that merge will be subject to the normal, one-year transition period.

The Board's action recognizes that banks are currently dedicating their automation resources to addressing Year 2000 and leap year leap year: see calendar.  computer problems.

The extension of the merger transition period will enable merged banks that were Year 2000 compliant a. 1. (Computers) having dates fully and properly represented, and not susceptible to failure due to the year 2000 bug.  to be treated as separate entities and to delay merging their systems until after the key century rollover A graphic element in an application or on a Web page that changes its color or shape when the pointer is moved (rolled) over it. See JavaScript rollover. See also n-key rollover.  and leap year events of Year 2000.

This procedure will enable these banks to avoid reprogramming Reprogramming refers to erasure and remodeling of epigenetic marks, such as DNA methylation, during mammalian development[1]. After fertilization some cells of the newly formed embryo migrate to the germinal ridge and will eventually become the germ cells  and retesting Year 2000 compliant systems before spring of 2000. The extension should also help ensure that banks have sufficient resources to address unanticipated Year 2000 problems Year 2000 problem, Y2K problem, or millennium bug, in computer science, a design flaw in the hardware or software of a computer that caused erroneous results when working with dates beyond Dec. 31, 1999.  that may arise at the turn of the century.

JOINT ISSUANCE BY REGULATORY AGENCIES regulatory agency

Independent government commission charged by the legislature with setting and enforcing standards for specific industries in the private sector. The concept was invented by the U.S.
 OF A LETTER ON THE ALLOWANCE FOR LOAN LOSSES BY BANKS

The Securities and Exchange Commission, Federal Deposit Insurance Corporation, Federal Reserve Board, Office of the Comptroller of the Currency, and Office of Thrift Supervision jointly issued the following letter to financial institutions on the allowance for loan losses.

Joint Interagency in·ter·a·gen·cy  
adj.
Involving or representing two or more agencies, especially government agencies.
 Letter to Financial Institutions

Last November, the Securities and Exchange Commission, Federal Deposit Insurance Corporation, Federal Reserve Board, Office of the Comptroller of the Currency, and Office of Thrift Supervision (the Agencies) issued a Joint Interagency Statement in which they reaffirmed the importance of credible financial statements and meaningful disclosure to investors and to a safe and sound financial system. The Joint Interagency Statement underscored the requirement that depository institutions Depository institution

A financial institution that obtains its funds mainly through deposits from the public. This includes commercial banks, savings and loan associations, savings banks and credit unions.
 record and report their allowance for loan and lease losses in accordance with generally accepted accounting principles The standard accounting rules, regulations, and procedures used by companies in maintaining their financial records.

Generally accepted accounting principles (GAAP) provide companies and accountants with a consistent set of guidelines that cover both broad accounting
 (GAAP GAAP

See: Generally Accepted Accounting Principles


GAAP

See generally accepted accounting principles (GAAP).
). We stress and continue to emphasize the importance of depository institutions having prudent, conservative, but not excessive, loan loss allowances that fall within an acceptable range of estimated losses. We recognize that today instability in certain global markets, for example, is likely to increase loss inherent in affected institutions' portfolios and consequently require higher allowances for credit losses than were appropriate in more stable times.

Despite the issuance of the November Joint Interagency Statement, there is continued uncertainty among financial institutions as to the expectations of the banking and securities regulators on the appropriate amount, disclosure, and documentation of the allowance for credit losses. The Agencies now announce additional measures designed to address this continued uncertainty. These measures are consistent with the Agencies' mutual objective of, and focus on, addressing prospectively, where feasible, issues related to improving the documentation, disclosure, and reporting of loan loss allowances of financial institutions.

* The Agencies are establishing a Joint Working Group, comprised of policy representatives from each of the Agencies, to gain a better understanding of the procedures and processes, including "sound practices," used generally by banking organizations to determine the allowance for credit losses. An important aspect of the Joint Working Group's activities will be to receive input from representatives of the banking industry and the accounting profession on these matters, and will not involve joint examinations of institutions. The common base of knowledge that results will facilitate the joint and individual efforts of the Agencies to provide improved guidance on appropriate procedures, documentation, and disclosures to the banking industry. This will assist the banking community in complying with GAAP and will improve comparability among financial statements of depository The place where a deposit is placed and kept, e.g., a bank, savings and loan institution, credit union, or trust company. A place where something is deposited or stored as for safekeeping or convenience, e.g., a safety deposit box.  and other lending institutions Noun 1. lending institution - a financial institution that makes loans
financial institution, financial organisation, financial organization - an institution (public or private) that collects funds (from the public or other institutions) and invests them in
. The Joint Working Group will also share information and insights concerning issues of mutual concern that may arise.

* Using information gathered through the Joint Working Group and from representatives of the accounting profession and the banking industry, the Agencies will work together to issue parallel guidance, on a timely basis, and within a year on the first two items listed below, in the following key areas regarding credit loss allowances:
      Appropriate Methodologies and Supporting Documentation. The Agencies
   intend to issue guidance that will suggest procedures and processes
   necessary for a reasoned assessment of losses inherent in a portfolio and
   discuss ways to ensure that documentation supports the reported allowance.

      Enhanced Disclosures. This guidance will address appropriate disclosures
   of allowances for credit losses and the credit quality of institutions'
   portfolios by identifying key areas for enhanced disclosures, including the
   need for institutions to disclose changes in risk factors and asset quality
   that affect allowances for credit losses. The enhanced disclosures would
   contribute to better understanding by investors and the public of the risk
   profile of banking institutions and improve market discipline.


* The Agencies will work together to encourage and support the Financial Accounting Standards Board's process of providing additional guidance regarding accounting for allowances for loan losses. The Agencies emphasize that GAAP requires that management's determination be based on a comprehensive, adequately documented, and consistently applied analysis of the particular institution's exposures, the effects of its lending and collection policies, and its own loss experience under comparable conditions.

* In addition, the Agencies will support and encourage the task force of the American Institute of Certified Public Accountants With over 330,525 CPA members (in August 2006), the American Institute of Certified Public Accountants (AICPA) is the largest professional organization of Certified Public Accountants (CPAs) in the United States of America.  (AICPA AICPA

See American Institute of Certified Public Accountants (AICPA).
) that is developing more specific guidance on the accounting for allowances for credit losses and the techniques of measuring the credit loss inherent in a portfolio at a particular date. In particular, the AICPA task force will focus on providing guidance on how best to distinguish probable losses inherent in the portfolio as of the balance sheet date--the guidepost agreed to by the Agencies for reporting allowances in accordance with GAAP--from possible or future losses not inherent in the balance sheet as of that date. Additionally, the Agencies will ask the AICPA task force to consider recently developed portfolio credit risk measurement and management techniques that are consistent with GAAP as part of this effort. The AICPA project already has been initiated and will include representatives from the accounting profession and the banking industry, as well as observers from the SEC and the banking agencies.

* Senior staff of the Agencies will continue to meet to discuss banking industry accounting and financial disclosure policy issues of interest that affect the transparency of financial reporting and bank safety and soundness. These discussions will address progress in the application of accounting and disclosure standards by banking institutions, including those impacting the allowance for credit losses, with particular focus on recently identified issues and trends. The meetings also will be used to coordinate projects of the Agencies in areas of mutual interest. The first of these meetings was held on January 27.

The Agencies believe that the actions announced above will promote a better and clearer understanding among financial institutions of the appropriate procedures and processes for determining credit losses in accordance with GAAP. The Agencies intend that these steps will enhance the transparency of financial information and improve market discipline, consistent with safety and soundness objectives. In recognition of the specialized regulatory nature of the banking industry and in order to resolve ongoing uncertainties in the industry, with the announcement of these initiatives, the Agencies' focus, in so far as feasible, will be on enhancing allowance practices going forward.

ENFORCEMENT ACTIONS

The Federal Reserve Board on February 25, 1999, announced the issuance of a consent order against Daniel K. Walker, senior vice president, a director, and an institution-affiliated party of the Farmers and Merchants Bank of Long Beach, Long Beach, California Long Beach is a city located in southern Los Angeles County, California, USA, on the Pacific coast. It borders Orange County on its southeast edge. It is about 20 miles (30 km) south of downtown Los Angeles. , a state member bank.

Mr. Walker, without admitting to any allegations, consented to the issuance of the order in connection with the bank's extensions of credit in 1996 to a bank affiliate that resulted in alleged violations by the bank of the prior approval, collateral, documentation, and certain other requirements of sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c and 371c-1), Regulation O of the Board of Governors (12 C.F.R. Part 215), and a written agreement between the Federal Reserve Bank of San Francisco The Federal Reserve Bank of San Francisco is the federal bank for the twelfth district in the United States. The twelfth district is made up of nine western states—Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and Washington—plus American Samoa,  and the bank, dated November 10, 1993. Mr. Walker paid a fine of $12,500.

The Federal Reserve Board on February 25, 1999, announced the issuance of a consent order against Kenneth G. Walker, president, chairman of the board of directors, chief executive officer, and institution-affiliated party of the Farmers and Merchants Bank of Long Beach, Long Beach, California, a state member bank.

Mr. Walker, without admitting to any allegations, consented to the issuance of the order in connection with the bank's extensions of credit in 1996 to a bank affiliate that resulted in alleged violations by the bank of the prior approval, collateral, documentation, and certain other requirements of sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c and 371c-1), Regulation O of the Board of Governors (12 C.F.R. Part 215), and a written agreement between the Federal Reserve Bank of San Francisco and the bank, dated November 10, 1993.

The Federal Reserve Board, on February 25, 1999, announced the issuance of a combined order to cease and desist Cease and desist (also called C & D) is a legal term used primarily in the United States which essentially means "to halt" or "to end" an action ("cease") and to refrain from doing it again in the future ("desist").  and of assessment of a civil money penalty against Hogi Patrick Hyun, a former employee of BT Singapore, a wholly owned nonbank non·bank  
adj.
Of, relating to, or done by a business or an institution that is not a bank but performs similar services.
 subsidiary of Bankers Trust The Bankers Trust is a historic American banking organisation that was acquired by Deutsche Bank in 1998.

It was originally set up when banks could not perform trust company services.
 New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 Corporation, New York, New York.

Mr. Hyun, without admitting to any allegations, consented to the issuance of the order in connection with his involvement in the marketing and sale of leveraged derivative transactions to customers of BTNYC and its subsidiaries. Mr. Hyun paid a fine of $120,000.

CHANGES IN BOARD STAFF

The Federal Reserve Board announced on April 5, 1999, that Theodore E. Allison, Assistant to the Board for Federal Reserve System Affairs in the Office of Board Members, would retire on April 30, 1999, after more than twenty-seven years of service with the Board.

The Board of Governors announced on April 13, 1999, approval of a reorganization of the Division of International Finance and the appointment to the official staff of Ralph W. Tryon as Assistant Director. In connection with the reorganization, the Board approved changes in responsibilities for Lewis Alexander, Peter Hooper Peter Hooper (born 1933-02-02) is a former professional footballer, who played for Bristol Rovers, Cardiff City and Bristol City in The Football League.

Despite being born in Teignmouth, Hooper made one appearance for the Kenyan national team against Uganda in 1951 while on
, and Donald Adams
For the cricketer of the same name see Donald Adams (cricketer)


Charles Donald Adams (December 20 1928 – April 8 1996) was an English singer and actor, best known for his performances in bass-baritone roles of the Savoy Operas with the D'Oyly
 and a change in Mr. Adams's title from Assistant Director to Senior Adviser.

Mr. Tryon first joined the Board's staff in 1979 and since 1992 has been Chief of the Trade and Financial Studies Section. He will assume direct supervisory responsibility for the Research and Information Systems program and will coordinate the division's information technology activities. He received his Ph.D. from the Massachusetts Institute of Technology Massachusetts Institute of Technology, at Cambridge; coeducational; chartered 1861, opened 1865 in Boston, moved 1916. It has long been recognized as an outstanding technological institute and its Sloan School of Management has notable programs in business, .

The Federal Reserve Board announced on April 26, 1999, that S. David Frost For other persons named David Frost, see David Frost (disambiguation).
Sir David Paradine Frost, KBE (born 7 April 1939) is an English television presenter, famed as both a pioneer of TV satire and for a series of legendary political interviews.
, Staff Director for Management, would retire on June 1, 1999, after sixteen years of service with the Board.

The Federal Reserve Board on March 18, 1998, announced the appointment of Stephen R. Malphrus as Staff Director for Management. His appointment is effective on June 1, 1999, when S. David Frost, the current Staff Director, will retire.

The Staff Director for Management coordinates general management and administrative functions, including human resources The fancy word for "people." The human resources department within an organization, years ago known as the "personnel department," manages the administrative aspects of the employees. , planning and budgeting, information technology, and general logistic support Noun 1. logistic support - assistance between and within military commands
logistic assistance

support - the activity of providing for or maintaining by supplying with money or necessities; "his support kept the family together"; "they gave him emotional
.

Mr. Malphrus joined the Board's staff in 1976. In 1991 he was promoted to the position of Director of the Board's Division of Information Resources (1) The data and information assets of an organization, department or unit. See data administration.

(2) Another name for the Information Systems (IS) or Information Technology (IT) department. See IT.
 Management.3
COPYRIGHT 1999 Board of Governors of the Federal Reserve System
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Federal Reserve Board actions and rulings
Publication:Federal Reserve Bulletin
Date:May 1, 1999
Words:2576
Previous Article:Statement Submitted by the Board of Governors of the Federal Reserve System to the Subcommittee on Capital Markets, Securities and Government...
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