OCC Proposes Updating Regulatory Framework For OREO Activities

The Office of the Comptroller of the Currency ("OCC") proposed a rule that would (i) streamline regulations for national banks and (ii) update the regulatory framework for federal savings associations on "other real estate owned" ("OREO") activities. Previously, OREO activities by federal savings associations were guided by capital regulations and handbooks issued by the Office of Thrift Supervision ("OTS"). The proposed framework is generally consistent with the prior OTS framework.

The OCC proposed, among other changes, to:

• revise the terminology in the current definition of "debts previously contracted" real estate to "refer to leased real estate";
• modify the definition of "former banking premises" to include a reference to OCC Rule 7.1000(a)(2), which creates the categories of real estate that national banks and federal savings associations are allowed to own for use in their own banking activities;
• devise an "initial holding period" for federal savings associations of five years following the commencement of the holding period to "ensure the safe and sound management of OREO holdings";
• adopt for federal savings associations the current national bank provisions stating the date on which the holding period for OREO starts;
• clarify that when a national bank or federal savings association gets OREO from a merged or acquired institution, the relevant holding period would start on the effective date of the merger or acquisition;
• permit the disposition of OREO in other ways approved by the OCC; and
• recognize that a federal savings association, unlike a national bank, may "transfer OREO to a service corporation."

Comments on the proposal must be submitted by June 24, 2019.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.