Scott A. Coleman

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On January 12, 2026, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking to amend its national bank chartering regulation, 12 C.F.R. § 5.20, to clarify a point the agency views as well settled: national banks chartered as trust companies may engage in certain non-fiduciary activities in addition to fiduciary activities.… Continue Reading

On January 12, 2026, the Office of the Comptroller of the Currency (OCC) published in the Federal Register a notice of proposed rulemaking (NPR) entitled “National Bank Chartering.” The proposal addresses the standards and procedures the OCC uses to evaluate applications to charter new national banks. Comments on the proposal must be received by February 11, 2026.… Continue Reading

The NCUA has issued a Notice of Proposed Rulemaking to codify the elimination of reputational risk from its supervisory program, becoming the latest federal financial regulator to do so.

“NCUA has determined that assessing reputation risk is subjective, ambiguous, and lacking in measurable criteria,” the agency said, in announcing the action.… Continue Reading

The FDIC and the OCC have issued a Notice of Proposed Rulemaking that seeks to establish a standard definition for what constitutes an “unsafe or unsound practice.”

“Too often, examiners focus on a litany of process-related items that are unrelated to a bank’s current or future financial condition,” Acting FDIC Chairman Travis Hill said, in a statement outlining the NPRM, which was unanimously adopted by the agency board. … Continue Reading

The FDIC and the OCC have approved the joint publication of a Notice of Proposed Rulemaking that would codify the removal of reputational risk from their supervisory programs.

“Examining for reputation risk can result in agency examiners implicitly or explicitly encouraging institutions to restrict access to banking services on the basis of examiners’ personal views of a group’s or individual’s political, social, cultural, or religious views or beliefs, constitutionally protected speech, or politically disfavored but lawful business activities,” the FDIC staff said, in a memo.… Continue Reading

Republican senators on the Banking, Housing and Urban Affairs Committee are asking banking regulators to review their process of using Matters Requiring Attention (MRA) in the bank supervisory process.

“If used effectively, these are valuable supervisory tools that can mitigate broader issues and maintain financial stability,” 11 GOP senators said in a letter to the FDIC, OCC and the Federal Reserve.… Continue Reading

Federal bank regulators have released a proposal to rescind the Community Reinvestment Act (CRA) final rule that was issued in October 2023.

The FDIC, OCC and the Federal Reserve Board said they would replace it with the CRA regulations that were issued in 1995 and are now in place, with certain technical amendments.… Continue Reading

The FDIC is proposing to replace its Supervision Appeals Review Committee (SARC) with an independent, standalone office, known as the Office of Supervisory Appeals (OSA).

Under the proposal, the OSA would be the final level of review of material supervisory determinations, independent of the divisions that make supervisory decisions. FDIC officials believe the changes would facilitate an appeals process that would be consistent over time.… Continue Reading

The Federal Reserve Board has announced that it will eliminate reputational risk as a component of examination programs in its supervision of banks.

The Fed joins the OCC in eliminating reputational risk as a part of their examinations.

The Fed stated it has commenced the process of reviewing and eliminating references to reputational risk from its supervisory materials, including examination manuals.… Continue Reading

The OCC has removed “reputational risk” from its handbooks and guidance and the FDIC is moving to do the same.

The OCC’s decision supports “the OCC’s mission and its supervisory objectives to ensure that banks have appropriate and strong risk management processes for their business activities, treat customers fairly, and comply with applicable laws and regulations,” the agency said, in announcing the move.… Continue Reading