Category: Regulatory Updates

Capital Rule Change Requires Close Review for Community Banks

Federal regulators launched a comprehensive capital rule overhaul on March 19, reducing aggregate requirements by 7.8% for smaller banks. The proposal lowers the community bank leverage ratio threshold from 9% to 8% and replaces the flat 50% mortgage risk-weight with an LTV-based scale (35% at 80% LTV). The Fed voted

In Washington DC, Clarity Act Stalls Over Stablecoin Yield Compromise

Senate Banking Committee markup of the Clarity Act remains delayed as lawmakers negotiate whether to ban stablecoin rewards. The emerging compromise would prohibit passive yield on idle balances but permit transaction-based rewards, and would bar bank-like terminology (“yield,” “APR”). ICBA estimates that allowing stablecoin yield could reduce community bank lending

Mortgage Executive Order: Wide-Ranging Lending Reforms on the Horizon

The White House issued an executive order on March 13 directing agencies to consider broad reforms to mortgage lending rules across 11 areas, including origination standards, appraisals, servicing, digital processes, capital treatment, and enforcement posture. The order directs the CFPB to consider: a broader QM safe harbor for smaller banks

Crypto Company Kraken Secures Fed Master Account Access

The Federal Reserve Bank of Kansas City cleared Wyoming-chartered Kraken Financial for a “limited purpose” master account, making it the first crypto bank to access Fed payment rails directly. Banking trade groups immediately objected, arguing the approval “front-runs” the public comment process on the Fed’s proposed “skinny” master account framework. A

Tokenized Securities Get Same Capital Treatment as Traditional 

The Fed, FDIC, and OCC jointly confirmed that tokenized securities receive identical capital treatment to their traditional counterparts. The agencies emphasized that bank capital rules are “technology neutral,” putting a security on a blockchain does not change its risk-weight. The capital rules apply the same way whether the security is recorded

Regulators Moving on Stablecoin Rule

The OCC released a 376-page proposed rule implementing the GENIUS Act, establishing licensing, prudential standards, and activity limits for payment stablecoin issuers. Significantly, the OCC adopts a rebuttable presumption that affiliate or third-party agreements designed to replicate yield violate the statutory ban on interest. The agency is clearly watching for

OCC Trust Charter Creates New Deposit and Payment Competitors

The OCC finalized rules effective April 1 allowing national trust banks to engage in non-fiduciary activities like digital asset custody. Over 10 fintechs have received conditional approvals. More are coming, allowing them to operate nationwide under a single federal regulator without full deposit insurance or CRA obligations. The real threat

Commercial Real Estate: A “New Normal” of Collaboration

Despite headlines about office sector stress, the broader commercial real estate (CRE) market is stabilizing through disciplined collaboration between lenders and borrowers. Loan modifications and sophisticated restructurings are preferred over foreclosures. Regulators are watchful but not sounding alarms. For community banks with CRE concentrations, the emphasis is on proactive engagement. 

Regulators Pivot Supervision Toward “Material Financial Risk”

Federal banking agencies are fundamentally recalibrating their supervisory approach. There is a concerted move away from process-oriented examinations and subjective factors (like reputation risk) toward a targeted focus on identifying and remediating material financial risks. This includes updated examination ratings that prevent non-financial weaknesses from disproportionately driving downgrades. For banks, this

Fintech Partnerships: Reduced Hurdles, Persistent Risks

The regulatory stance on bank-fintech partnerships has become more permissive, particularly regarding digital assets. Agencies have rescinded prior approval requirements for crypto-related activities and narrowed the CFPB’s focus. However, fundamental guidance on third-party risk management remains in full force. For community banks, partnerships can offer innovation and reach but require