Join us on LinkedIn Follow us on Twitter Like us on Facebook
 
  OCTOBER RESEARCH STORE Already a subscriber? LOG IN
AddControlToContainer_DynamicNavigation6

OCC issues NPR on permissibility standards

Add This Email A Friend Printer Friendly Version Increase Text Size Decrease Text Size
0 comments
Inside the Beltway, Legislation
Friday, January 8, 2021
The Office of the Comptroller of the Currency (OCC) has issued a notice of proposed rulemaking (NPR) addressing the permissibility standards for real estate used as national bank or federal savings associations premises.

“The OCC periodically reviews its regulations to eliminate outdated or otherwise unnecessary regulatory provisions and, where possible, to clarify or revise requirements imposed on national banks and federal savings associations,” the NPR stated.

“As part of the periodic review that resulted in recent amendments to 12 CFR part 7, the OCC determined that it would propose revisions to the rules governing national bank and federal savings association bank premises currently codified at 12 CFR 7.1024. The OCC determined that the regulation may need significant revision and that such revisions may involve significant policy considerations.”

National banks are generally prohibited by statute from purchasing, holding, or conveying real estate, with four general exceptions. The proposed rule would only affect the one of these exceptions, which allows banks to hold property as necessary for its accommodation in the transaction of its business.

Federal savings association ownership of property is governed by the Home Owners Loan Act (HOLA), which does not contain the same prohibition language as the statute governing national banks. However, agencies in the past have interpreted HOLA to permit federal savings associations to “hold real estate only for their offices and related facilities with permission to rent or sell excess space in their offices and facilities….”

The rule would provide general standards the OCC would use in determining whether a national bank’s or federal savings association’s acquisition and holding of real estate is necessary for the transaction of their business. The NPR stated it would include implementing an occupancy test and excess capacity standards that would allow national banks and federal savings associations to ascertain better whether an acquisition of holding of real estate is permissible under the governing statutes.

“Current §7.1024 and various legal interpretations provided examples of permissible holdings, but the OCC has determined that…these examples do not provide general principles national banks could apply to new acquisitions,” the NPR stated. “Without clear principles, there is the potential for inconsistent application of 12 U.S.C. 29, the HOLA, and 12 CFR 7.1024. The proposed revisions are intended to provide for more consistent application of 12 U.S.C. 29, the HOLA, and 12 CFR 7.1024.”

Though the OCC encourages any comments regarding the NPR, the agency did provide several specific questions for targeted feedback, including but not limited to:

  • Although current OCC regulations and the proposal cover both the national bank and federal savings association charters in one section, there are differences in the statutory regimes covering each charter. Would it be preferable to apply different requirements to federal savings association premises? Specifically, should the proposed rule apply only to national banks?
  • The OCC requests comment on whether 50 percent is the appropriate percentage for bank occupied premises. Should the percentage be higher, such as 75 percent, or lower, such as 25 percent? Why?
  • Should ground floor retail space rented to a third party be treated differently under the occupancy percentage calculation?
  • Should the OCC permit a national bank or federal savings association to lease out more than 50 percent of its premises on a temporary basis, provided that the national bank brings its percentage of occupancy back to at least 50 percent by a certain time period?

The comment period will be open for 45 days after the NPR is published in the Federal Register.

Today's other top stories
Kraninger ‘proud’ of CFPB tenure
Capital One assessed $390M in penalties by FinCEN
Biden nominates new CFPB director
OCC’s acting head steps down
Black Knight launches new lending platform


COMMENT BOX DISCLAIMER:
October Research is not responsible for the comments posted on its websites by readers. We will do our best to remove comments that include profanity or personal attacks or other inappropriate comments.
Comments:

Be the first to leave a comment.

Leave your comment
CAPTCHA Validation
CAPTCHA
Code:
: 
: 
Your Email is for reporting purposes only. It will NOT be displayed.
Popularity:
This article has been viewed 601 times.

Monthly Newsletter

Dodd Frank Update January 2021

Cover Story:

Report on small-business lending data collection released


Tweets from @DoddFrankUpdate/lists/industry-news
News by Topic   News by Agency   News by Industry   News by Title   News by Edition
Banking
Case Law
Consumer Protection
Financial Stability
Industry Spotlight
Legislation
Nonbank Financial
The TRID Journey
 
CFPB NCUA
CFTC OCC
FDIC OFR
FHFA SEC
FRB States
FSOC Treasury
FTC  
 
Appraisal
Broker-Dealer
Community Banks & Credit Unions
Investment Adviser
Land Title
Mortgage
Mining and Manufacturing
Payday Lending
 
Title I Title IX
Title II Title X
Title III Title XI
Title IV Title XII
Title V Title XIII
Title VI Title XIV
Title VII Title XV
Title VIII Title XVI
 
Dodd Frank Update November 2020
Dodd Frank Update December 2020
Dodd Frank Update January 2021
Archives

Library   About   Subscribe   Store
The Dodd-Frank Act Position Papers
Dodd-Frank Summary & History Special Reports
Court Actions Legislation
Enforcement Documents Regulations
Guidance Documents Reports, Studies and Surveys
White Papers Federal Register Notices
 
Dodd Frank Update
Contact / Editors
Advertise
Social Media
RSS Feeds
Are You An Expert?
Subscriber Agreement
 
Subscriptions
Free Email Updates
Try a Free Edition
 
Special Reports
Webinars
The Summit (NS3)
Other Newsletters
The Title Report
The Legal Description
Valuation Review
RESPA News
Copyright © 2011-2021 Dodd Frank Update
An October Research, LLC publication
3046 Brecksville Road, Suite D, Richfield, OH 44286
(330) 659-6101, All Rights Reserved
www.doddfrankupdate.com | Privacy Policy
VISIT OUR OTHER WEBSITES
> The Legal Description
> RESPA News
> The Title Report
> Valuation Review
> The October Store


Loading... Loading...
Featuring:
  • Delivery 3X a week plus breaking news as it happens
  • Comprehensive title insurance industry news
  • Recent acquisitions, mergers, real estate stats
  • Exclusive in-depth coverage of the industry's hottest stories
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Comprehensive Dodd-Frank coverage
  • The latest information from the CFPB
  • Full coverage of Congressional hearings
  • Updates on all agency actions
  • Analysis of controversial provisions
  • Release of newest studies and reports
Sign up today and...
  • Be one of the first to know where NS3 is being held
  • Learn about NS3 speakers and sessions
  • Save on registration with Super-Early Bird rates
  • Discover the networking opportunities NS3 offers
  • Find out if CE credits will be offered for your area
  • And much more
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Preview the latest RESPAnews.com Top Story
  • RESPA related headline news
  • Quote of the Week
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • Legal, regulatory and legislative information impacting the settlement services industry
  • News from HUD, Congress, state legislatures and other regulatory agencies
  • Follow the lobbying efforts of all the major national real estate services organizations.
Featuring:
  • Delivery 2X a week plus breaking news as it happens
  • The industry's only full-time newsroom
  • Relevant, up-to-date appraisal industry news
  • Covering the hottest stories and industry trends
NEWS BY TOPIC
EDITION
AGENCY
INDUSTRY
SPECIAL REPORTS
LIBRARY
WEBINARS
EMAIL UPDATES
ABOUT
SUBSCRIBE
Banking
Case Law
Consumer Protection
Financial Stability
Industry Spotlight
Legislation
Nonbank Financial
The TRID Journey
CFPB
CFTC
FDIC
FHFA
FRB
FSOC
NCUA
OCC
OFR
SEC
States
Treasury
Appraisal
Broker-Dealer
Community Banks & Credit Unions
Investment Adviser
Land Title
Mortgage
Mining and Manufacturing
Payday Lending
2021 State of the Industry
2020 Mortgage Technology
New Rules of Compliance
2020 CFPB Anniversary Report
The New GSE Focus
Archives
The Dodd-Frank Act
Dodd-Frank Summary
Court Actions
Enforcement Documents
Guidance Documents
White Papers
Position Papers
Legislation
Regulations
Reports, Studies and Surveys
Federal Register Notices
Proposals
Final Rules
GAO
Agency
View All @ OctoberStore.com
Economic and Regulatory Outlook
Evolving Realtor Relationships
Evolving Vendor Relationships
Mastering MSAs
eClosing: Questions Answered
Evolving Lender Relationships
Ready, Set... RON! Part 2
Ready, Set... RON!
Streamlining the HMDA process
2019 Webinars
Contact Us
Advertise
Social Media
RSS Feeds
Are You An Expert?
Subscriber Agreement