ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012...

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ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO National Association of Federal Credit Unions 2012 AND BEYOND A CAPITOL PERSPECTIVE

Transcript of ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012...

Page 1: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

ASSOCIATION of CREDIT UNIONINTERNAL AUDITORS

22nd ANNUAL CONFERENCE

Denver, ColoradoJune 20, 2012

Presented by:Fred R. Becker, Jr. President and CEO

National Association of Federal Credit Unions

2012 AND BEYOND A CAPITOL PERSPECTIVE

Page 2: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

•Legislative Issues•Regulatory Issues•The Future

OVERVIEW

Page 3: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

• Taxation• Member Business Lending• Housing Finance Reform• Data Security• Regulatory Reform• Capital/PCA Reform• Interchange• Patent Reform• Postal Reform• CFPB Privileged Information Bill• ATMs• Flood Insurance

LEGISLATIVE ISSUES

Page 4: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Concern Over the Deficit Increasing

• The President’s “Economic Recovery Advisory Board” raised the idea of removing the credit union tax exemption

• President’s Debt Reduction Commission called for elimination of all tax expenditures - Commission report fell short of the 14 votes needed to formally recommend to Congress triggering, on January 1, 2013:

$1.2 trillion in automatic cuts over two year (9% of DoD and 9% of non- defense budget (Social Security, Medicare, Food Stamps, and Federal Retirement Programs exempt)).

• Senate bipartisan “Gang of Six” tried to reach deal based off of Commission report but efforts lost steam

Taxation

Page 5: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Bush Tax Cuts

• Expire at the end of 2012

• Top federal income tax rate will increase from 35% to 39.6% and the 33% bracket will increase to 36%

• Dividends will be taxed according to one’s income tax bracket – top rate of 39.6% as opposed to current 15% rate.

• Capital gains will be taxed at 20% as opposed to 15%. 

Obama Affordable Health Care Act

• Effective January 1, 2013

• An additional 3.8% tax (on the lesser of the couples modified adjusted gross income above $250,000 and their unearned income) on couples with adjusted gross incomes above $250,000

• An additional .9% tax on couples with wages above $250,000. 

Taxation

Page 6: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Taxation

Source: The Washington Post

Page 7: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

S. 2231, “The Small Business Lending Enhancement Act of 2011”

• First introduced 3/8/11 by Senators Udall (D-CO) and Snowe (R-ME) as S. 509

• Reintroduced as S. 2231 on 3/22/12 to set up potential floor vote

• Senate Majority Leader Reid: “We will have a vote on this”

• 21 bipartisan co-sponsors

• Senate floor vote possible in late April – early May; 60 votes needed

• Endorsed by Treasury and NCUA

Member Business Lending

Page 8: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

S. 509/S. 2231/H.R. 1418 would:

• Raise the cap to 27.5% for credit unions that meet certain key criteria (with no more than 30% growth allowed per year)

• Key criteria: - Near the current limit for four consecutive quarters - Well-capitalized - Have at least five consecutive years of experience in underwriting and servicing member business loans - Have strong policies and experience in managing member business lending loans - Satisfy other standards established by NCUA to maintain the safety and soundness

• NCUA to report to Congress semi-annually

• GAO study after three years

Member Business Lending

Page 9: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

H.R. 1418, “The Small Business Lending Enhancement Act of 2011”

• Introduced 4/7/11 by Representatives Royce (R-CA) and McCarthy (D-NY)

• House companion to the Senate bill

• 136 additional bipartisan co-sponsors as of 5/30/12

H.R. 4293, “The Restore Main Street’s Credit Act of 2012”

• Introduced 3/28/12 by Representative Kurt Schrader (D-OR)

• Exempts MBLs made to companies with under 20 FTE’s from MBL cap

Member Business Lending

Page 10: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Key Item in the 113th Congress

• Both the HFSC and the Senate Banking Committee have held hearings; action unlikely this Congress

• Administration released white paper with three options for reform of Housing Finance and GSE’s in February

- All 3 approaches could put the secondary market in the hands of big banks

Housing Finance/GSE Reform

Page 11: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

NAFCU Principles on Reform

Secondary Mortgage Market

• At least two Government Sponsored Enterprises (GSEs).

• Uninterrupted access during any transition

• Against full privatization

GSE Structure

• Model consistent with a cooperative or mutual entities model.

• Regulated by the Federal Housing Finance Agency

• Required to meet strong capital standards

• Elected Board of Directors.

• Meet appropriate regulatory standards to limit their ability to take on risk while ensuring safety and soundness.

• Rigorous oversight

Housing Finance/GSE Reform

Page 12: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

NAFCU Principles on Reform (Continued)

Funding

• Self-funded, without any dedicated government appropriations.

Government’s Role

• Explicit guarantee on the payment of principal and interest

• Access to FHLBs

Guidance

• Credit Union representation on a board of mortgage industry

Housing Finance/GSE Reform

Page 13: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

S. 1151, “Personal Data Privacy and Security Act of 2011”

S. 1207, “Data Security and Breach Notification Act of 2011”

S. 1408, “Data Breach Notification Act”

S. 1434, “The Data Security Act of 2011”

S. 1535, “Personal Data Protection and Breach Accountability Act of 2011”

S. 2105, “Cybersecurity Act of 2012”

S. 2111, “Cyber Crime Protection Security Act”

H.R. 2577, “The SAFE Data Act”

H.R. 1707, “Data Accountability and Trust Act”

H.R. 1841, “Data Accountability and Trust Act (DATA) of 2011”

Data Security

Page 14: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Provisions NAFCU Seeks

• Payment of Breach Costs by Breached Entities - Require merchants to be accountable for costs of data breaches that result on their end, especially when their own negligence is to blame

• National Standards for Safekeeping Information - Require any business entity responsible for the storage of consumer data to meet standards similar to those imposed on financial institutions under the Gramm-Leach-Bliley Act

• Data Security Policy Disclosure - Require merchants to post their data security policies at the point of sale if they take sensitive financial data

Data Security

Page 15: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Provisions NAFCU Seeks (Continued)

• Timely Disclosure of Breached Entity - Mandated disclosure of identities of companies and merchants whose data systems have been violated, so consumers are aware of those that place their personal information at risk.

• Enforcement of Prohibition on Data Retention - Violation of existing agreements and law by merchants and retailers who retain payment card information electronically must be addressed.

• Burden of Proof in Data Breach Cases - Evidentiary burden of proving a lack of fault should rest with the merchant or retailer who incurred the breach.

Data Security

Page 16: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Financial Protection Bureau

• Recess appointment of Richard Cordray as Director - Legal challenges to Cordray’s appointment have no impact on credit unions  • Congressional Initiatives - House & Senate Republicans continue to push for structural changes to the CFPB. -- Replace the CFPB Director with a 5-person board -- Make it easier for FSOC to “veto” CFPB rules -- Bring the CFPB under the annual Congressional appropriations process.

Dodd-Frank/Regulatory Reform

Page 17: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Privileged Information

• Identical bipartisan legislation in both chambers (H.R. 4014/S.2099)

• Ensures privileged information provided by financial institutions to the CFPB will be kept confidential

• Privacy protection from third parties critical and consistent with current statute regarding credit union information sharing and the NCUA

• Passed House on 3/26/12, delayed in the Senate.

Dodd-Frank/Regulatory Reform

Page 18: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

H.R. 3993, “The Capital Access for Small Businesses and Jobs Act”

• Derived from principles adopted at NAFCU-CUNA meeting during NAFCU’s 2010 Congressional Caucus

• Would allow the NCUA to authorize accounts that: - Do not alter the cooperative nature of the credit union; - Are uninsured; - Are subordinate to all other claims against the credit union including the claims of creditors, shareholders, and the Fund; - Are available to be applied to cover operating losses of the credit union in excess of its retained earnings and to the extent so applied, will not be replenished; - Are subject to maturity limits as determined by the Board; and - Are offered by a credit union that is determined by the Board to be sufficiently capitalized and well-managed.

Capital Issues

Page 19: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

H.R. 3156, “The Consumer Debit Card Protection Act”

• Repeals the Durbin Amendment

Debit Interchange

Page 20: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Debit Interchange –The Vote

Senators Supporting Credit Unions & Voting for Tester-Corker

Alexander (R-TN)Ayotte (R-NH)Blunt (R-MO)Boozman (R-AR)Coats (R-IN)Coburn (R-OK)Cochran (R-MS)Corker (R-TN)Cornyn (R-TX)Crapp (R-ID)DeMint (R-SC)Hatch (R-UT)Heller (R-NV)Hoeven (R-ND)Hutchison (R-TX)Inhofe (R-OK)Johanns (R-NE)Johnson (R-WI)

Kirk (R-IL)Kyl (R-AZ)Lee (R-UT)McCain (R-AZ)McConnell (R-KY)Moran (R-KS)Murkowski (R-AK)Paul (R-KY)Portman (R-OH)Risch (R-ID)Roberts (R-KS)Rubio (R-FL)Sessions (R-AL)Shelby (R-AL)Thune (R-SD)Toomey (R-PA)Wicker (R-MS)Webb (D-VA)

Akaka (D-HI)Baucus (D-MT)Begich (D-AK)Bennet (D-CO)Carper (D-DE)Coons (D-DE)Gillibrand (D-NY)Hagan (D-NC)Johnson (D-SD)Manchin (D-WV)McCaskill (D-MO)Mikulski (D-MD)Nelson (D-FL)Nelson (D-NE)Schumer (D-NY)Stabenow (D-MI)Tester (D-MT)Warner (D-VA)

Page 21: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

H.R. 1249, “The Leahy-Smith America Invents Act”

• Both House and Senate passed comprehensive patent reform bill

• Significantly reduces patent infringement suits against financial services providers

• Signed into law on 9/16/11

Patent Reform

Page 22: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

• CFPB• NCUA• Housing• Litigation• Regulatory Compliance

REGULATORY ISSUES

Page 23: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Financial Protection Bureau (CFPB)

Page 24: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

“State attorneys general will be an important partner for the Bureau because they understand as well as anyone the kinds of problems that consumers – their constituents – face. There’s another reason, too: Congress has emphasized that we are to enforce Federal consumer financial law consistently …. That … will require the sustained collaboration of State and Federal regulators, including both the consumer bureau and State attorneys general.”

Richard CordrayDirector, CFPB

A Level Playing Field for Consumer Financial Products and Services

March 8, 2012

Consumer Financial Protection Bureau (CFPB)

Page 25: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Financial Protection Bureau (CFPB)

“My vision for the Consumer Bureau is that it will work to make consumer financial markets operate fairly … to protect consumers, support honest businesses, and play a crucial role in helping to safeguard the economy.

First, the Consumer Bureau will benefit consumers by clarifying the prices and risks of consumer products and services.

Second, the Consumer Bureau will benefit honest business by leveling the playing field and ensuring that financial institutions play by the same set of rules.

Finally, the Bureau's efforts can help strengthen our nation’s economy.”

Richard CordrayDirector, CFPBSubcommittee on TARP, Financial

Services and Bailouts of Public and Private Programs, U.S. House of RepresentativesJanuary 24, 2012

Page 26: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

“By requiring the CFPB to examine nonbanks, the Dodd-Frank Act – the law that established the CFPB – sought to ensure that consumers get the benefit of federal consumer financial laws on a consistent basis. This consistent supervisory coverage will help level the playing field for all industry participants to create a fairer marketplace for consumers and the responsible businesses that serve them.”

Richard CordrayDirector, CFPBThe Brookings InstitutionJanuary 5, 2012

Consumer Financial Protection Bureau (CFPB)

Page 27: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Financial Protection Bureau (CFPB)

(Continued)

So is the ultimate goal to level the playing field between small and large institutions? There is obviously tension between the big banks and the small banks on that question.

“Well, in most of the consumer markets, you take the largest institutions, and you're talking about 80, 85, 90% market share. I just think that it makes sense for us to consider carefully what burdens we're imposing on different types of institutions and be a little bit nuanced about that.”

Richard CordrayDirector, CFPBTrying to Stay Above the Politics: A Conversation with Richard CordrayAmerican BankerMarch 23, 2012

Page 28: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Financial Protection Bureau (CFPB)

(Continued)

CFPB Authority To Regulate Prices

In response to a question following his prepared remarks at the Community Bankers Association Annual Meeting on March 21, 2012 CFPB Director Richard Cordray responded that the CFPB lacked both usury authority and the ability to regulate fees. Instead, he noted that the bureau’s focus will be on ensuring consumers understand the fees that they will incur.

Page 29: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Laws Implemented by the Agency

• Regulation B – Equal Credit Opportunity Act• Regulation C – Home Mortgage Disclosure Act• Regulation D – Alternative Mortgage Transaction Parity• Regulation E – Electronic Funds Transfers• Regulation F – Fair Debt Collection Practices Act• Regulation G – S.A.F.E. Mortgage Licensing Act (Federal)• Regulation M – Consumer Leasing• Regulation N – Mortgage Acts and Practices Advertising• Regulation P – Privacy of Consumer Financial Information• Regulation V – Fair Credit Reporting• Regulation X – Real Estate Settlement Procedures Act• Regulation Z – Truth in Lending • Regulation DD – Truth in Savings

Regulations Not Transferred to the Agency• Regulation D − Reserve Requirements• Regulation CC • Regulation GG − Unlawful Internet Gambling Enforcement Act

Consumer Financial Protection Bureau (CFPB)

Page 30: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Ability to prohibit “unfair, deceptive or abusive acts or practices

•Unfair - Causes or is likely to cause substantial injury to consumers; - Injury is not reasonably avoidable by consumers; and, - Injury is not outweighed by countervailing benefits to consumers or to competition.

•Deceptive - Representation, omission, act of practice misleads or is likely to mislead consumers; - Consumers’ interpretation of the representation, omission, act or practice is reasonable under the circumstances; and - The misleading representation, omission, act or practice is material

Consumer Financial Protection Bureau (CFPB)

Page 31: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Financial Protection Bureau (CFPB)

(Continued)

Ability to prohibit “unfair, deceptive or abusive acts or practices” (Continued)

•Abusive

- Materially interferes with the ability of consumers to understand a term or condition of a financial product or service; or

- Takes unreasonable advantage of:

• A lack of understanding on the part of a consumer of the material risks, cost, or conditions of the product or service

• The inability of consumers to protect this interests in selecting or using a consumer financial product or service; or

• The reasonable reliance by the consumer on a covered person to act in the interest of the consumer.

Page 32: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Financial Protection Bureau (CFPB)

(Continued)

Will the CFPB give any guidance specifically on what UDAAP means?

“We have given some exam guidance around these concepts, and I think maybe we'll have more to say over time. I don't anticipate us writing a rule around UDAAP.”

So people will mostly have to look at your actions as the model for how this new term is defined?

“I think that's probably right. The law is, I think, pretty well-defined out there, and it was pretty significantly defined by Congress as well.”

Richard CordrayDirector, CFPBTrying to Stay Above the Politics: A Conversation with Richard CordrayAmerican BankerMarch 23, 2012

Page 33: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Current Initiatives:

• Confidential Treatment of Privileged Information

• Remittances - Insured depository financial institutions temporarily exempt until 7/21/15

• TILA-RESPA Disclosure/Settlement Disclosure Forms - Model Disclosure Form - Cost of funds disclosure

• QM (Ability to ability-to-repay) a mortgage loan

• Overdraft Protection Programs - Model disclosure form

Consumer Financial Protection Bureau (CFPB)

Page 34: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Current Initiatives (Continued):

• Mortgage Servicers

• Student Loans

• Streamlining Inherited Regulations

• Collection of Credit Card, Mortgage, Student Loan, Bank Account/Service, Vehicle, and Consumer Loan Data

• Arbitration Clauses

• Vendor Compliance

• Disparate Impact

• Prepaid Cards

Consumer Financial Protection Bureau (CFPB)

Page 35: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Advisory Council

• The CFPB is setting up a consumer advisory council (CAC), that will consist of approximately 20 individuals with a background in consumer protection, financial services, consumer products and services, fair lending, civil rights, and community development. The Council will offer advice and consult with agency officials regarding consumer protection issues.

Credit Union Advisory Panel

• The bureau has also indicated it plans to set up a credit union advisory panel consisting of up credit union professionals. There are no guidelines for the panel yet, however, the bureau intends to use the panel to help inform its rulemaking process and other functions.

• The bureau has not yet begun formally setting up the panel.

Consumer Financial Protection Bureau (CFPB)

Page 36: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Consumer Complaints

• The CFPB and the NCUA have entered into a Memorandum of Understanding relating to the treatment of consumer complaints.

• NCUA’s Office of Consumer Protection (OCP) is processing credit union complaints, but is about 3 to 4 months behind in handling the cases.

Consumer Financial Protection Bureau (CFPB)

Page 37: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Final Rules• Concentration Risk/Interest Rate Risk• TDR/Loan Workout Policy

Proposed Dodd-Frank Related Rules • $1/$10 billion incentive disclosure rule• Appraisal management rule• Credit rating agencies rule

Other proposed Rules • Loan Participations• Central Liquidity Facility (CLF)• Credit Union Service Organizations (CUSOs)• Derivatives

The NCUA’s National Supervisory Exam Manual• Examiner’s Guide

NCUA

Page 38: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Advice Given During Level 4 New Examiner Training• Begin in a friendly way• Let others do a great deal of the talking• See things from their point of view• Be sympathetic with other’s ideas and desires• Slow down, give Reviewing identified specific risks and discussing how those identified will be resolved.

Steps To Contribute To A Conducive Exam Environment• Discussing expectations• Setting Ground rules and the exam approach upfront• Agreeing to a regular update schedule during the examination to eliminate surprises• Coordinating how examiners and credit union staff will interact• Reviewing identified specific risks and discussing how those identified will be resolved.

Larry FazioA Dialogue on the Exam ProcessThe NCUA Report, April 2012Director, Office of Examination and InsuranceNational Credit Union Administration

NCUA

Page 39: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Stabilization Assessment

• The NCUA Board’s estimate of 7-12 basis points (depending on share growth) in 2012 for the corporate stabilization and NCUSIF assessments still holds.

• A revised projection for the remaining assessments over the life of the Stabilization Fund ranges from $1.9 billion to $6.2 billion.

NCUA

Page 40: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Corporate Credit Unions Capital Requirements

• Includes three minimum capital ratio benchmarks and a retained earnings (RE) component that will start gradually increasing in 2013. 

• Benchmarks

(1) 4% minimum leverage ratio (5% to be well-capitalized) by 10/20/11

After 10/20/2011, the minimum leverage ratio plus number (2) & (3) below;

(2) 4% tier one risk-based capital ratio (6% to be well-capitalized)

(3) 8% total risk-based capital ratio (10% to be well-capitalized)

• Temporary Corporate Credit Union Share Guarantee Expires December 31, 2012

NCUA

Page 41: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

FHFA Foreclosure Mitigation

FHA Forgiveness Period

Mortgage Servicing Compensation

Escrows for “higher priced loans”

Mortgage interest deduction

Settlement with major servicers

Mortgage Electronic Registration System (MERS)

Qualified Residential Mortgages (QRM)

Housing

Page 42: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

National Retail Federation v. Federal Reserve on Interchange fees

Hudson Valley FCU

NCUA

• Five pending lawsuits against the securities firms of Wachovia, JP Morgan Securities, RBS Securities, and Goldman Sachs.

• Settled to date: Deutsche Bank Securities ($145M), Citigroup ($20.5M), and HSBC ($5.25M)

ATMs

• Fee Notices • ADA Compliance

Overdraft Fees

Litigation

Page 43: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Regulatory Compliance

Page 44: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

“Nine Dangerous Words:

‘Show Me Where It Says We Can’t Do That’”

Jo Ann S. Barefoot

BankThink September 13, 2011Former Comptroller of the CurrencyCo-Chair, Treliant Risk Advisors

Regulatory Compliance

Page 45: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

“Today, when a customer has a positive or negative experience, they take to the Internet. They post it on Facebook and Twitter …. ”

Sam Boonin

Vice President of Product Engagement Zendesk

Regulatory Compliance

Page 46: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

March 15, 2012 – Americans with Disabilities Act & ATMs

• Speech Output requirement applies to all existing ATMs

• Physical Access requirements only apply to ATMs that are altered after March 15, 2012

• Given that the ATMs currently comply with the 1991 ADA Standards

• Physical Access requirements apply to any new ATMs added after March 15, 2012

April 1, 2012 – Unaffiliated Network Requirement

• Stems from Durbin Amendment (Regulation II)

• Requires two unaffiliated networks

• Example: One PIN network, One Signature network

Important Compliance Dates

Page 47: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

April 30, 2012 – National Labor Relations Board Notice• All private employers need to post an employee rights poster• Notice informs employees of right to unionize• No exclusion for credit unions• FAQs at www.nlrb.gov/faq/poster. Poster to download and print at www.nlrb.gov/poster.

July 1, 2012 – Mandatory E-Filing of BSA Reports• E-Filing required for all Currency Transaction Reports and Suspicious Activity Reports

September 30, 2012 – Interest Rate Policy• NCUA final rule requires written interest rate risk policy and management program• Policy must be approved by CU’s Board

January 1, 2013 – Tracking of Interest Payments to Nonresident Aliens

• IRS Forms 1042-S must be submitted for 2013 in 2014

February 7, 2013 – Remittance Transfers• New disclosure requirements from the CFPB

Important Compliance Dates

Page 48: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

110% growth in visitors over 2010Since Bank Transfer Day, traffic has been 30% higher

CULookup.com

Bank Transfer Day Movement

Page 49: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

49

CULookup Calculators2011 results: 1.6 million calculations on the platform

> 200,000 people have performed > 550,000 calculations so far in 2012

Page 50: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

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Page 51: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

Page 52: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Failed Financial Institutions

BANKS AND CREDIT UNIONS

325

140157

92

1628281812

0

50

100

150

200

2007 2008 2009 2010 2011

Failed Banks Failed Credit Unions

Source: FDIC, NCUA

Page 53: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Problem Financial Institution

Page 54: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Financial Institution Supervisory Actions

2010

* Letters of Understanding and Agreement

Source: NCUA 2010 Annual Report, FDIC Enforcement Decisions & Orders

Page 55: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

1.58% 1.59% 1.60% 1.44%

5.12%4.87% 4.71%

4.37% 4.22% 4.09% 4.11%

1.74%1.75%1.73% 1.62%

5.21%

0%

1%

2%

3%

4%

5%

6%

Q2 2010 Q3 2010 Q4 2010 Q1 2011 Q2 2011 Q3 2011 Q4 2011 Q1 2012

De

lin

qu

en

t L

oa

ns

/ T

ota

l L

oa

ns

All FICUs FDIC-Insured

*Note: Credit union delinquencies are reported as 2 months or more past due, while FDIC delinquencies are reported 90 days or more past due.

Source: NCUA Call Report & FDIC Quarterly Banking Profile

Financial Institution Delinquency Ratio*

Page 56: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

1.01%

1.87%1.34%

2.05%1.44%

2.40%

9.57%

6.56%

1.63%

4.11%

0%

1%

2%

3%

4%

5%

6%

7%

8%

9%

10%

11%

All Real EstateLoans

Home EquityLoans

First Mortgages Credit Cards Total Loans &Leases

De

linq

ue

nt

Lo

an

s /

To

tal L

oa

ns

All FICUs FDIC-Insured

*Note: Credit union delinquencies are reported as 2 months or more past due, while FDIC delinquencies are reported 90 days or more past due.

Source: NCUA Call Report & FDIC Quarterly Banking Profile

Delinquency Ratios*As of March 31, 2012

Page 57: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

1.16% 1.14%

0.95% 0.91% 0.91%0.78%

2.54%

1.82%

1.58%1.47%

1.37%

1.17%1.14%1.00%

2.74%

2.59%

0.4%

0.6%

0.8%

1.0%

1.2%

1.4%

1.6%

1.8%

2.0%

2.2%

2.4%

2.6%

2.8%

3.0%

Q2 2010 Q3 2010 Q4 2010 Q1 2011 Q2 2011 Q3 2011 Q4 2011 Q1 2012

Net

Ch

arg

e-O

ffs /

To

tal

Lo

an

s

All FICUs FDIC-Insured

Source: NCUA Call Report & FDIC Quarterly Banking Profile

Net Charge-Off Ratios(Annualized)

Page 58: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

1.08%

1.97%

1.11%

4.25%

1.17%

2.55%

1.08%

0.35%0.54%

0.78%

0%

1%

2%

3%

4%

5%

All Real EstateLoans

Home EquityLoans

FirstMortgages

Credit Cards Total Loans &Leases

Net

Ch

arg

e-O

ffs /

To

tal

Lo

an

s

All FICUs FDIC-Insured

Source: NCUA Call Report & FDIC Quarterly Banking Profile

Net Charge-Off RatiosAs of March 31, 2012 (Annualized)

Page 59: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future”Small Banks Shift Charters to Avoid U.S. Regulator”

“An increasing number of the nation’s more than 600 savings and loan associations are fleeing the comptroller’s office as they navigate a shifting regulatory landscape. “

“Frustrated, Mr. Pierce agreed to sell his institution, which has $82 million in assets and a charter as a savings and loan association, to the GFA Federal Credit Union in Gardner, Mass., a credit union overseen by the National Credit Union Association — not the comptroller’s office.”

“Gary Easterling, the chief executive of the United Federal Credit Union, which bought Griffith Savings Bank in Indiana in January, said that community banks considered credit unions to be more of a peer than the nation’s largest banks.”

The New York Times

April 2, 2012

Page 60: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“Virtually every member of Congress has heard the concerns of small business owners and community banks about overzealous regulators. No one wants regulators to allow unsafe practices, but no one wants regulators to stifle a potential economic recovery by applying regulatory standards in ways that needlessly inhibit bank lending.”

Spencer Bachus (R-Ala)

Chairman

House Financial Services Committee

Page 61: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

“You can whine and moan endlessly about all the new enforcement and all the new rules. Or as a leader you can be inspired and say, Look, it is what it is. I’m going to do my fighting and battles behind the scenes with the people that can affect things, but as it related to me, my company and employees we’re going to figure out the rules and do those rules.”

Richard Davis

CEOU.S. Bancorp Best Practices in Retail Services Symposium March 11, 2012

The Future

Page 62: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

“In a city where special-interest pleading and finger-pointing has been developed to a high art form, there are no bigger whiners than community banks. When they’re not complaining about excessive regulation, misguided monetary policy and inflated deposit insurance premiums, they’re railing against unfair competition from big banks, savings and loans, credit unions, credit card companies, finance companies and other unregulated lenders.

Considering this mountain of injustice that has been heaped upon them, it’s a wonder these bankers are able to get out of bed in the morning, let alone show up smiling at the weekly Rotary luncheon.”

Steven Pearlstein

Think True Value – but for BanksThe Washington PostApril 14, 2012

The Future

Page 63: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“We need to meet these regulatory demands properly while ensuring that our clients are not adversely affected …. We are totally focused on what is in front of us. It is a new world, and we are going to adjust to it very quickly – whether or not we like it or think it is all needed.”

Jamie Dimon

Chairman and CEOJPMorgan Chase

Page 64: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

“Consumer dissatisfaction and overall frustration with the economy are more intense than at any time in modern history, but it presents our industry with a chance to reinvent itself.”

Pierre Habis

Senior Executive Vice President and Head of Branch Banking

Union Bank of California

The Future

Page 65: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“The well-managed, well-capitalized institutions have significant opportunities to grow their franchises in the country today.”

Dan Schatt

General Manager of Financial InnovationsPayPal

Page 66: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“… the credit unions that will survive and thrive in the years ahead will be those that take the time to think about how they will respond … those who sit back and wait, then react, will find their part more difficult to navigate and their choices more limited.”

Dr. Michael Hudson

Credit Union Strategist

Page 67: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“Luck is what happens when preparation meets opportunity.”

Roman Philosopher Seneca

Page 68: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

Interchange Revenues

Page 69: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“I actually reached out to

500 friends and assumed

maybe 200 would respond

and shift their business

to a credit union”

Kristen Christiansan

on Bank Transfer Day

Movement

Page 70: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

New Credit Union Checking Accounts

Page 71: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

110% growth in visitors over 2010Since Bank Transfer Day, traffic has been 30% higher

CULookup.com

Bank Transfer Day Movement

Page 72: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“Bank Fees Pay Off For Credit Unions”

"We're going to be playing bank fee Whack-a-Mole for the foreseeable future," Fred R. Becker, chief executive of the National Association of Federal Credit Unions said Thursday. Ultimately, he added, "people are going to switch" to credit unions.

The Los Angles Times

(Story picked up by Politico’s Morning Money, Charlotte News & Observer, and Bellingham Herald)

March 2, 2012

Page 73: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

The Future

“... what we’re really seeing is customers migrating towards true value”

Kent Liechty

President and CEOFirst Bank of BerneBerne, Indiana

Page 74: ASSOCIATION of CREDIT UNION INTERNAL AUDITORS 22 nd ANNUAL CONFERENCE Denver, Colorado June 20, 2012 Presented by: Fred R. Becker, Jr. President and CEO.

ASSOCIATION of CREDIT UNIONINTERNAL AUDITORS

22nd ANNUAL CONFERENCE

Denver, ColoradoJune 20, 2012

Presented by:Fred R. Becker, Jr. President and CEO

National Association of Federal Credit Unions

2012 AND BEYOND A CAPITOL PERSPECTIVE