• Tue. May 30th, 2023

CFPB challenges modest company lending compliance guide | Orrick, Herrington & Sutcliffe LLP


May 25, 2023

The CFPB not too long ago issued a compliance guide for its final rule implementing Section 1071 of the Dodd-Frank Act. Constant with Section 1071, the final rule (issued at the finish of March) will call for economic institutions to gather and offer to the Bureau information on lending to modest organizations, defined as an entity with gross income beneath $five million in its final fiscal year (covered by InfoBytes right here). The guide: (i) consists of a detailed summary of the final rule’s specifications, like information reporting deadlines (ii) supplies complete facts on the varieties of information economic institutions have to have to gather and report on modest company lending applications and choices and (iii) consists of parameters for covered institutions and covered originations. The guide additional breaks down reportable information points and explains the final rule’s “firewall” provision, which states that staff and officers of a economic institution or its affiliates “involved in creating any determination” on a reportable application are normally prohibited from accessing applicant demographic facts relating to ethnicity, race, sex, and status as a minority-owned, females-owned, or LGBTQI+-owned company. The guide specifies that particular exceptions may well apply to conditions exactly where an employee involved in selection-creating will have to have access to the information to fulfill their assigned job duties (e.g. a loan officer or loan processor). In these conditions, economic institutions are necessary to offer notice to applicants that staff and officers involved in selection-creating may well have access to their demographic information.