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Ultimate Compliance Resource

Important Dates Image
IMPORTANT
DATES
Lending Thresholds Image
LENDING
THRESHOLDS
Laws & Regulations Image
LAWS &
REGULATIONS
Resources Image
RESOURCES
Penalties Image
PENALTIES
Enforcement Image
ENFORCEMENT

Lending Thresholds

Laws & Regulations

Banking Agency Regulations

  • Federal Banking Regulations (All Agencies)
  • Consumer Financial Protection Bureau Regulations (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)
  • Federal Reserve Board Regulations (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)
  • FDIC Insurance Membership and Insurance Regulations (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)

Other Agency Regulations

Laws

Penalties

  • CFPB (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)
  • FDIC (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)
  • OCC (National Banks) (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)
  • OCC (Federal Savings Associations) (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)
  • NCUA (Please be careful not to delete this. It is a special link to other sections. If need to change ask a Developer)

Federal Reserve Board Regulations

FDIC Insurance Membership and Insurance Regulations

CFPB

CFPB Civil Monetary Penalty Amounts (Adjusted 1/2019)

Inflation adjusted as required by the Federal Civil Penalties Inflation Adjustment Act of 1990

Law

Penalty Description 2018 Amount

2019 Amount

Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty

$5,639

$5,781

Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty

$28,195

$28,906

Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty

$1,127,799

$1,156,242

Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Per violation

$1,964

$2,014

Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Annual cap

$1,963,870

$2,013,399

Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Per failure

$92

$94

Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Annual cap

$184,767

$189,427

Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional

$185

$190

SAFE Act, 12 U.S.C. 5113(d)(2) Per violation

$28,474

$29,192

Truth in Lending Act, 15 U.S.C. 1639e(k)(1) First violation

$11,279

$11,563

Truth in Lending Act, 15 U.S.C. 1639e(k)(2) Subsequent violations

$22,556

$23,125

FDIC

FDIC Civil Monetary Penalty Amounts (Adjusted 1/2019)

Inflation adjusted as required by the Federal Civil Penalties Inflation Adjustment Act of 1990

 

U.S. Code Citation

 

Penalty Description

 

Maximum

Through 1/14/18

 

Maximum

Beginning 1/15/19

12 U.S.C. 1464(v): Tier One

3,928

4,027

Tier Two

39,278

40,269

Tier Three

1,963,870

2,013,399

12 U.S.C. 1467(d)

9,819

10,067

12 U.S.C. 1817(a): Tier One

$3,928

$4,027

Tier Two

39,278

40,269

Tier Three

1,963,870

2,013,399

12 U.S.C. 1817(c): Tier One

3,591

3,682

Tier Two

35,904

36,809

Tier Three

1,795,216

1,840,491

12 U.S.C. 1818(i)(2): Tier One

9,819

10,067

Tier Two

49,096

50,334

Tier Three

1,963,870

2,013,399

12 U.S.C. 1820(e)(4)

8,977

9,203

12 U.S.C. 1820(k)(6)

323,027

331,174

12 U.S.C. 1828(a)(3)

122

125

12 U.S.C. 1828(h): For assessments <$10,000

122

125

12 U.S.C. 1829b(j)

20,521

21,039

12 U.S.C. 1832(c)

2,852

2,924

12 U.S.C. 1884

285

292

12 U.S.C. 1972(2)(F): Tier One

9,819

10,067

Tier Two

49,096

50,334

Tier Three

1,963,870

2,013,399

12 U.S.C. 3909(d)

2,443

2,505

15 U.S.C. 78u-2: Tier One (individuals)

9,239

9,472

Tier One (others)

92,383

94,713

Tier Two (individuals)

92,383

94,713

Tier Two (others)

461,916

473,566

Tier Three (individuals)

184,767

189,427

Tier Three (others)

923,831

947,130

15 U.S.C. 1639e(k): First violation

11,279

11,563

Subsequent violations

22,556

23,125

31 U.S.C. 3802

11,181

11,463

42 U.S.C. 4012a(f)

2,133

2,187

12 CFR 308.132(c)—Late or Misleading Reports of Condition and Income (Call Reports): First Offense:

$25 million or more assets:

1 to 15 days late

16 or more days late

 

 

538

1,078

 

 

552

1,105

Less than $25 million assets

1 to 15 days late

16 or more days late

 

180

359

 

185

368

Subsequent Offense:

$25 million or more assets:

1 to 15 days late

16 or more days late

 

 

897

1,795

 

 

920

1,840

OCC (National Banks)

OCC Civil Monetary Penalty Amounts For National Banks
Inflation adjusted as required by the Federal Civil Penalties Inflation Adjustment Act of 1990
 

U.S. Code Citation

 

Description and Tier

 

Maximum Penalty Amount*

 

12 U.S.C. 93(b) Violation of Various Provisions of the National Bank Act:
Tier 1 9,819
Tier 2 49,096
Tier 3 1,963,870**
12 U.S.C. 164 Violation of Reporting Requirements:
Tier 1 3,928
Tier 2 39,278
Tier 3 1,963,870**
12 U.S.C. 481 Refusal of Affiliate to Cooperate in Examination 9,819
12 U.S.C. 504 Violation of Various Provisions of the Federal Reserve Act:
Tier 1 9,819
Tier 2 49,096
Tier 3 1,963,8702
12 U.S.C. 1817(j)(16) Violation of Change in Bank Control Act:
Tier 1 9,819
Tier 2 49,096
Tier 3 1,963,870**
12 U.S.C. 1818(i)(2)*** Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty:
Tier 1 9,819
Tier 2 49,096
Tier 3 1,963,870**
12 U.S.C. 1820(k)(6)(A)(ii) Violation of Post-Employment Restrictions:
Per violation 323,027
12 U.S.C. 1832(c) Violation of Withdrawals by Negotiable or Transferable Instrument for Transfers to Third Parties:
Per violation 2,852
12 U.S.C. 1884 Violation of the Bank Protection Act 285
12 U.S.C. 1972(2)(F) Violation of Anti-Tying Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty:
Tier 1 9,819
Tier 2 49,096
Tier 3 1,963,870**
12 U.S.C. 3110(a) Violation of Various Provisions of the International Banking Act (Federal Branches and Agencies) 44,881
12 U.S.C. 3110(c) Violation of Reporting Requirements of the International Banking Act (Federal Branches and Agencies):
Tier 1 3,591
Tier 2 35,904
Tier 3 1,795,216**
12 U.S.C. 3909(d)(1) Violation of International Lending Supervision Act 2,443
15 U.S.C. 78u-2(b) Violation of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act:
Tier 1 (natural person) – Per violation 9,239
Tier 1 (other person) – Per violation 92,383
Tier 2 (natural person) – Per violation 92,383
Tier 2 (other person) – Per violation 461,916
Tier 3 (natural person) – Per violation 184,767
Tier 3 (other person) – Per violation 923,831
15 U.S.C. 1639e(k) Violation of Appraisal Independence Requirements:
First violation 11,279
Subsequent violations 22,556
42 U.S.C. 4012a(f)(5) Flood Insurance:
Per violation 2,133
* The maximum penalty amount is per day, unless otherwise indicated.

**The maximum penalty amount for a national bank is the lesser of this amount or 1 percent of total assets.

*** These amounts also apply to CMPs in statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607, 1693o, 1681s, 1691c, and 1692 l.

OCC (Federal Savings Associations)

OCC Civil Monetary Penalty Amounts For Federal Savings Associations
Inflation adjusted as required by the Federal Civil Penalties
Inflation Adjustment Act of 1990
 

U.S. Code Citation

 

Description and Tier

 

Maximum Penalty Amount*

 

12 U.S.C. 1464(v) Reports of condition:
Tier 1

3,928

Tier 2

39,278

Tier 3

1,963,870**

12 U.S.C. 1467(d) Refusal of Affiliate to Cooperate in Examination

9,819

12 U.S.C. 1467a(r) Late/Inaccurate Reports:
Tier 1

3,928

Tier 2

39,278

Tier 3

1,963,870**

12 U.S.C. 1817(j)(16) Violation of Change in Bank Control Act:
Tier 1

9,819

Tier 2

49,096

Tier 3

1,963,870**

12 U.S.C. 1818(i)(2)*** Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty:
Tier 1

9,819

Tier 2

49,096

Tier 3

1,963,870**

12 U.S.C. 1820(k)(6)(A)(ii) Violation of Post-Employment Restrictions:
Per violation

323,027

12 U.S.C. 1832(c) Violation of Withdrawals by Negotiable or Transferable Instrument for Transfers to Third Parties:
Per violation

2,593

12 U.S.C. 1884 Violation of the Bank Protection Act

285

12 U.S.C. 1972(2)(F) Violation of Anti-Tying Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty:
Tier 1

9,819

Tier 2

49,096

Tier 3

1,963,870**

15 U.S.C. 78u-2(b) Violation of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act:
Tier 1 (natural person) – Per violation

9,239

Tier 1 (other person) – Per violation

92,383

Tier 2 (natural person) – Per violation

92,383

Tier 2 (other person) – Per violation

461,916

Tier 3 (natural person) – Per violation

184,767

Tier 3 (other person) – Per violation

923,831

15 U.S.C. 1639e(k) Violation of Appraisal Independence Requirements:
First violation

11,279

Subsequent violations

22,556

42 U.S.C. 4012a(f)(5) Flood Insurance:
Per violation

2,133

*The maximum penalty amount is per day, unless otherwise indicated.

** The maximum penalty amount for a national bank is the lesser of this amount or 1 percent of total assets.

***These amounts also apply to CMPs in statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607,  1681s, 1691c, and 1692 l.

NCUA

NCUA Civil Monetary Penalty Amounts (Adjusted 1/2019)

Inflation adjusted as required by the Federal Civil Penalties Inflation Adjustment Act of 1990

U.S. Code citation CMP description

New maximum amount

(1) 12 U.S.C. 1782(a)(3) Inadvertent failure to submit a report or the inadvertent submission of a false or misleading report

$4,027

(2) 12 U.S.C. 1782(a)(3) Non-inadvertent failure to submit a report or the non-inadvertent submission of a false or misleading report

$40,269

(3) 12 U.S.C. 1782(a)(3) Failure to submit a report or the submission of a false or misleading report done knowingly or with reckless disregard

$2,013,399 or 1 percent of the total assets of the credit union, whichever is less.

(4) 12 U.S.C. 1782(d)(2)(A) Tier 1 CMP for inadvertent failure to submit certified statement of insured shares and charges due to NCUSIF, or inadvertent submission of false or misleading statement

$3,682

(5) 12 U.S.C. 1782(d)(2)(B) Tier 2 CMP for non-inadvertent failure to submit certified statement or submission of false or misleading statement

$36,809

(6) 12 U.S.C. 1782(d)(2)(C) Tier 3 CMP for failure to submit a certified statement or the submission of a false or misleading statement done knowingly or with reckless disregard

$1,840,491 or 1 percent of the total assets of the credit union, whichever is less.

(7) 12 U.S.C. 1785(a)(3) Non-compliance with insurance logo requirements

$125

(8) 12 U.S.C. 1785(e) (3) Non-compliance with NCUA security requirements

$292

(9) 12 U.S.C. 1786(k)(2)(A) Tier 1 CMP for violations of law, regulation, and other orders or agreements

$10,067

(10) 12 U.S.C. 1786(k)(2)(A) Tier 2 CMP for violations of law, regulation, and other orders or agreements and for recklessly engaging in unsafe or unsound practices or breaches of fiduciary duty

$50,334

(11) 12 U.S.C. 1786(k)(2)(A) Tier 3 CMP for knowingly committing the violations under Tier 1 or 2 (natural person)

$2,013,399

(12) 12 U.S.C. 1786(k)(2)(A) Tier 3 CMP for knowingly committing the violations under Tier 1 or 2 (insured credit union)

$2,013,399 or 1 percent of the total assets of the credit union, whichever is less.

(13) 12 U.S.C. 1786(w)(5)(ii) Non-compliance with senior examiner post-employment restrictions

$331,174

(14) 15 U.S.C. 1639e(k) Non-compliance with appraisal independence requirements

First violation: $11,563 Subsequent violations: $23,125

(15) 42 U.S.C. 4012a(f)(5) Non-compliance with flood insurance requirements

$2,187

Reg B Equal Credit Opportunity

Reg C Home Mortgage Disclosure

Reg O Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks