Insight

Washington Report 360 | August 28, 2020

COVID-related relief extended; SEC requirements focusing on ESG; SEC modified accredited investor definition; PPP forgiveness guidance

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Amy S. Matsuo

Principal and National Leader, Regulatory Insights, KPMG US

+1 919-244-0266

Certain COVID-19-related regulatory relief was extended, including the banking agencies’ rules for CECL, eligible retained income, and the CBLR, and FHFA’s moratoriums on foreclosures and provisions for purchases of loans in foreclosure.
SEC adopted principled-based disclosure requirements (Regulation S-K) focusing on ESG issues of human capital measures and environmental risks.
SEC modified the definition of accredited investor, expanding the number of individual investors eligible to participate in the private capital markets.
SBA and Treasury continue to provide guidance on the PPP loan forgiveness

Banking

Federal banking agencies (FRB, OCC, FDIC):
- Finalized a rule providing an option to delay recognizing CECL effects in regulatory capital
- Finalized an interim final rule revising the definition of “eligible retained income”
- Finalized two interim final rules revising the community bank leverage ratio framework
- Issued a statement clarifying BSA due diligence requirements for “politically exposed persons”
FRB:
- Outlined COVID-19 impacts on the economy and banking industry, including smaller banks
FDIC:
- Released the second 2020 Quarterly Banking Profile showing a 70% decrease in net income year over year and strong liquidity and capital levels
- Proposed a new policy statement encouraging and preserving Minority Depository Institutions; related remarks are here
- Proposed changes to its supervisory appeals process
CFPB:
- Issued an RFI to examine the impacts of the CARD Act rules on small entities
- Issued the second in a series of articles analyzing 2019 HMDA Data

Capital markets

SEC:
- Adopted rule amendments updating Regulation S-K disclosures for business, legal proceedings, and risk factors; related remarks are here
- Updated the definition of “accredited investor”
- Proposed amendments to bolster data security for the CAT NMS Plan

Other:

SBA and Treasury:
- Issued an interim final rule addressing PPP forgiveness for owner-employee compensation
FHFA (as regulator for Fannie Mae and Freddie Mac):
- Extended moratoriums on foreclosures and REO evictions through December 31
- Extended purchases of qualified loans in forbearance and several loan origination flexibilities through September 30
- Delayed implementation of the Adverse Market Refinance Fee until December 1
GAO:
- Released a report on homelessness and HUD data collection efforts
FSB:
- Published a Key Attributes Assessment Methodology for assessing a jurisdiction’s insurance resolution framework
ARRC:
- Updated recommended fallback language for bilateral business loans and provided technical information for syndicated loan conventions