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FEDERAL RESERVE BANK OF NEW YORK [ Circular No. 10616 January 13, 1993 ”1 TRUTH IN SAVINGS Proposed Amendments to Regulation DD Comments due February 1 To All Depository Institutions in the Second Federal Reserve District, and Others Concerned: The following statement has been issued by the Board of Governors of the Federal Reserve System: T h e F ederal R eserv e B oard has issu e d for p u b lic co m m en t p ro p o sed a m en d m en ts to R eg u la tio n D D (Truth in S a v in g s) to carry ou t recen t ch a n g e s m ad e to th e Truth in S a v in g s A ct b y th e H o u sin g and C o m m u n ity D ev e lo p m e n t A ct o f 1 9 9 2 . T h e law e x ten d s th e m an d atory date for c o m p lia n c e w ith th e req u irem en ts o f the Truth in S a v in g s A ct b y three m on th s, so that in stitu tio n s m ust c o m p ly b y June 2 1 , 1 9 9 3 , rather than M arch 2 1 , 1 9 9 3 . T h e law a lso m o d ifie s th e a d v e r tisin g ru les relatin g to sig n s in an in stitu tio n ’s lobby, and m a k es a tech n ica l ch a n g e to the p ro v isio n d e a lin g w ith n o tic e s required to b e g iv e n to e x is tin g a c c o u n t holders. T h e B oard is se e k in g co m m en t on w h eth er an ad d ition al fo rm u la sh o u ld be added to ca lc u la te th e annual p ercen tage y ield (A P Y ) ea rn ed that is p rovid ed on p erio d ic statem en ts. In a d d itio n , the B oard is p r o p o sin g to m ak e a m in or c h a n g e to th e regu lation and to c la r ify and p rovid e ad d ition al g u id a n c e on a fe w is su e s that h ave b een raised by in stitu tio n s sin c e p u b lication o f the fin al regu lation in Septem ber. C o m m en t is req u ested by F ebruary 1, 1 9 9 3 . Printed on the following pages is the text of the proposal, which has been reprinted from the comments may be sent to the Board, as specified in the notice, or to our Compliance Examinations Department. Federal Register, E. G erald C o r r ig a n , President. Federal Register / Vol. 58, No. 2 / Tuesday, January 5, 1993 / Proposed Rules 271 of the final regulation on September 21, 1992. DATES: Comments must be received on or before February 1,1993. ADDRESSES: Comments should refer to Docket No. R-0791, and may be mailed to Mn William W. Wiles, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Comments also may be delivered to room B-2222 of the Eccles Building between 8:45 a>m. and 5:15 p.m. weekdays, or to the guard station in the Eccles Building courtyard on 20th Street, NW (between Constitution Avenue and C Street) any time. Comments may be inspected in Room B-1122 between 9 a.m. and 5 p.jn. weekdays, except as provided in 12 CFR 261.8 of the Board’s rules regarding the availability of information. FOR FURTHER INFORMATION CONTACT: Jane Ahrens, Kyung Cho, Kurt Schumacher, or Mary Jane Seebach, Staff Attorneys, Division of Consumer and Community Affairs, at (202) 7365500; for the hearing impaired only contact Dorothea Thompson, Telecommunications Device for the Deaf, at (202) 452-3544, Board of Governors of the Federal Reserve System, Washington, DC 20551. FEDERAL RESERVE SYSTEM SUPPLEMENTARY INFORMATION: (1) Background The Truth in Savings Act (act) (contained in the Federal Deposit[Regulation DO; Docket No. R-0791] Insurance Corporation Improvement Act Truth in Savings; Proposed Regulatory of 1991) was enacted in December 1991. The Board published proposed rules to Amendments implement the act on April 13,1992 (57 AGENCY: Board of Governors of the FR 12735), and published a final ‘ Federal Reserve System. regulation, Regulation DD, on September 21,1992 (57 FR 43337) ACTION: Proposed rule. (correction notice at 57 FR 46480, SUMMARY: The Board is publishing for October 9,1992). comment proposed amendments to The Housing and Community Regulation DD (Truth in Savings) to Development Act (HCDA) was enacted implement recent changes made to the in October 1992 (Pub. L. 102-550,106 Truth in Savings Act by the Housing Stat. 3672). The law contains three and Community Development Act of provisions that amend the Truth in 1992. The law extends the mandatory Savings Act. The provisions extend the date for compliance with the effective date for compliance with the requirements of the Truth in Savings act by three months, reduce the Act by three months, so that institutions requirements that apply to some must comply by June 21,1993, rather advertisements on the premises of a than March 21,1993. The law also depository institution, and modify the modifies the advertising rules relating to provision that requires a notice to be signs in an institution’s lobby, and given to existing account holders makes a technical change to the alerting them to the availability of provision dealing with notices required account disclosures. to be given to existing account holders. To implement the changes, the Board is proposing regulations for comment, In addition, the Board is proposing to make a minor change to the regulation and expects to adopt final amendments and clarify and provide additional before March 21,1993—the compliance guidance on a few issues that have been date currently set forth in Regulation DD. In light of the minornature of the raised by institutions since publication 12 CFR Part 230 272 Federal Register / Vol. 58, No. 2 7 Tuesday, January 5, 1993 / Proposed Rules amendments and in order to ensure that amendments are adopted by March 21, the Board is providing only a 30-day comment period. In addition to proposing rules to implement the statutory changes, the Board is proposing to make one minor change to the regulation and to provide guidance on a few other issues that have been raised by institutions since adoption of the final rules. Due to a significant number of questions raised about these issues, the Board proposes to provide guidance at this time, rather than delaying until the Official Staff Commentary is proposed for comment in the fall of 1993. (2) Proposed Regulatory Provisions Mandatory Compliance Date The final regulation referred to March 21,1993, as the mandatory date for complying with the requirements of the regulation. The definition of “account” under § 230.2(a) states that existing accounts held by an unincorporated nonbusiness association of natural persons prior to March 21,1993 are not included in the term. As discussed above, the mandatory date for compliance with the requirements of the Truth in Savings Act was extended by the HCDA for three months. (Section 957(b) of the HCDA amended section 269(a)(2) of the Truth in Savings Act.) The Board proposes to replace the reference to “March 21” with “June 21” in § 230.2(a). In several places, the supplementary information accompanying the final regulation referred to an effective date of xMarch 21,1993. The proposed change to the regulation supersedes all such references. In conjunction with the final regulation, the Board had deleted the existing advertisement and disclosure rules in Regulation Q (12 CFR part 217) as of March 21,1993, when the requirements in Regulation DD would become mandatory. Consistent with the change to Regulation DD, the Board will make a technical amendment to Regulation Q so that the requirements in Regulation Q will remain in effect until June 21,1993. As stated in the supplementary information accompanying the final regulation, however, institutions may begin complying solely with the advertising provisions in Regulation DD prior to the date.for mandatory compliance, instead of the advertising and disclosures provisions in Regulation Q. Section 230.4—Account Disclosures (c) Notice to existing account holders—(1) Notice o f availability o f disclosures. As enacted in December 1991, section 266(e) of the act would have required institutions to Include a notice of disclosure availability on or with any regularly scheduled periodic statement sent to existing consumer account holders within 180 days of adoption of the Board’s final rule. Jn implementing this provision, the Board’s regulation specified that this notice to existing account holders did not have to be sent prior to the mandatory compliance date of March 21,1993. Instead, the notice was to be included on or with the first periodic statement sent on or after March 21, 1993 (or the first periodic statement for a statement cycle beginning on or after that date). As stated above, section 957(b) of the HCDA extended the mandatory compliance date from 6 months to 9 months after the Board’s issuance of a final rule. In addition, section 1604(e) of the HCDA amended section 266(e) of the Truth in Savings Act to require that the notice to existing account holders be sent “on or with the first regularly scheduled mailing sent after the end of the 6 month period beginning on the date of publication” of the Board’s implementing regulations (emphasis added). If the revisions to statutory sections 957(b) and 1604(e) were taken literally, the amended act could be read to require institutions to provide the notice to existing consumer account holders on or with the first periodic statement sent after March 21,1993. The Board believes that the Congress did not intend for institutions to have to comply with this disclosure duty prior to the new compliance data, but rather intended to grant institutions an additional three-month period to comply. Therefore, the Board is proposing to amend § 230.4(c) of Regulation DD to require the notice of account disclosure availability to be included on or with the first periodic statement sent on or after the mandatory compliance d^te of June 21,1993 (or the first periodic statement for a statement cycle beginning on or after that date). The Board solicits comments on this proposal. Section 230.5—Subsequent Disclosures (a) Change in terms—(2) No notice required—(ii) Check printing fees. The act and regulation require institutions to provide a 30-day advance notice to consumers of any change in a previously disclosed term that may adversely affect the consumer. In the final rule the Board used its exception authority, pursuant to section 269(a)(3) of the act, to create a limited exception to the notice requirements for changes in check printing fees "assessed by third parties.” Since release of the final rule, the Board has received numerous inquiries about the scope of this exception. For example, institutions have asked whether they can take advantage of the exception if the check-printing vendor directly bills the institution which adds a "mark-up” and passes the fee on to the consumer. Institutions have asked whether the exception applies if the third party originates a debit to the account, but the institution is involved in determining the fee. In order to simplify the requirement and avoid further confusion, the Board proposes to clarify the exception so that an institution does not have to provide a change in terms notice for check printing fees—regardless of whether the fee is assessed by a third party or by the depository institution itself. The Board solicits comment on whether it is necessary to broaden the current exception in this manner. The imposition of check printing fees by a third party was referred to in the supplementary information to section 230.8(a) that accompanied the final regulation. That ^ctiort prohibits institutions from advertising an account as “free” or “no cost” if a “maintenance or activity” feemight be imposed on the account. The supplementary information specified that fees imposed by a third party to print checks are not considered maintenance or activity fees imposed on the account. Consistent with the proposed amendment to the regulation and in light of the concerns discussed above, the Board proposes to clarify thaj check printing fees are not maintenance or activity fees, regardless of who imposes them. Thus, an institution that imposes check printing fees could state that an account is free, if no maintenance or activity fees are imposed. Section 230.8—Advertising (e) Exemption for certain advertisements. Section 263(a) of the act provides that a reference to a specific interest rate, yield, or rate of earnings in an advertisement triggers a duty to state certain additional information, including the annual percentage yield.. The HCDA amendment to section 263(c) of the advertising rules provides that if a rate is displayed on a sign (including a rate board) designed to be viewed only from the interior of an institution, the disclosure requirements of section 263 do not apply. Instead, only the annual percentage yield and a statement advising consumers to ask employees about fees and terms applicable to the Federal Register / Vol. 58, No. 2 / Tuesday, January 5, 1993 / Proposed Rules advertised account are required to be stated. The regulation currently exempts lobby signs from some advertising disclosure reouirements. The Board’s proposal would amend the regulation by reorganizing § 230.8(e). A new subparagraph (2) would be added to address disclosure requirements for lobby signs. The proposal dries not define the term "lobby sign.” The Board believes that lobby signs would include signs such as preprinted posters and chalk or peg boards, whether affixed to a wall or displayed on an easel or a counter. The Board also proposes that a lobby sign include any advertisement "facing inside” an institution, including computer screens and electronic media. The Board believes, however, that a lobby sign does not include a document that can be retained by a consumer (such as a print-out from a computer or a brochure). Thus, such a document would be subject to all of the advertising rules. The Board requests comment on whether “lobby signs” should be defined, and if so, how the term should be defined. Under the act, the exception applies to lobby signs designed to be viewed only from the interior of a depository institution (or the premises of a deposit broker). The Board proposes to use the term "facing inside” the lobby rather than using an "intent” standard. The Board believes this will provide a simpler test for determining if a sign is exempt under section 230.8(e) or not. Since the act creates an exemption only for lobby signs designed to be viewed from inside an institution, lobby signs that do not face inside a depository institution (or the premises of a deposit broker) would remain subject to the normal disclosure requirements of this section. Technically, the statute could be read to exempt from the disclosure rules only those lobby signs that state a rate. The Board believes the Congress intended to except these media from the disclosure provisions in section 263(a) and 263(c) regardless of whether a rate of return is stated. Lobby signs would be exempt from the disclosure requirements under paragraphs (b), (c) and (d) of § 230.8 if the signs face inside a depository institution or the premises of a deposit broker. This would exempt such lobby signs from the disclosure rules dealing with bonuses in § 230.8(d); thus, a lobby sign could state a "bonus” without stating any additional disclosures. Section 263(c) of the act excepts lobby signs from the "disclosure provisions” of section 263. A second amendment to the act exempts lobby signs from paragraph (a) of section 263, which deals specifically with “disclosures” required when rates of earnings are mentioned hi advertisements. The proposal would exempt lobby signs from the disclosure provisions of section 263, but they would remain subject to the prohibition on misleading or inaccurate advertisements. The Board believes that jf a broader exemption were intended, the Congress would have exempted the lobby signs described in section 263(c) of the act from section 263 entirely. Thus, the Board believes that lobby signs facing inside an institution (or the premises of a deposit broker) are subject to the act’s prohibitions against the use of misleading or inaccurate statements in advertisements, and against the description of accounts as “free” if a regular service fee is imposed. As a result, lobby signs facing inside a depository institution would be covered by paragraph (a) of § 230.8. The Board solicits comment on this proposal. The amendment to section 263(c) of the act requires that if any rate is displayed, the annual percentage yield must also be stated (but does not expressly require that the figure be described as the "annual percentage yield”). The regulation currently provides that in all cases, if any rate of return is advertised, it must be stated as the annual percentage yield, using that term or the abbreviation "APY.” The Board solicits comment on this issue. (3) Proposed Additional Guidance Section 230.2(q)—Periodic Statement The regulation defines a periodic statement as one sent to a consumer “on a regular basis four or more times a year.” The supplementary information accompanying the final regulation stated that if an institution provides a statement to meet other legal requirements (for example, if an electronic fund transfer takes place and the transaction is covered by the Board’s Regulation E), such a statement is a periodic statement for purposes of Regulation DD. Many institutions have asked whether every statement sent to meet requirements of Regulation E is considered a periodic statement for purposes of Regulation DD. For example, Regulation E requires a statement to be sent for each monthly or shorter cycle in which an electronic fund transfer has occurred, but at least quarterly if no transfer has occurred (12 CFR 205.9(b)). Institutions that provide regular quarterly statements, and only provide monthly statements if a transfer has occurred, have asked whether the 273 monthly statement is a periodic statement for Regulation DD purposes. The Board does not believe this monthly statement is a periodic statement for Regulation DD. The statement may or may not be sent on a monthly basis, depending on whether an electronic fund transfer actually occurs that month. Unlike a statement sent every quarter—or a policy of an institution in which it sends a statement on a monthly or other regular basis—the statement is not sent on a "regular” basis since an institution may send the statement one month but not every month. Thus, the Board believes that such a statement need not include any of the disclosures in § 230.6, since it does not meet the definition of "periodic statement.” In such a circumstance discussed above, however, the quarterly statement is a periodic statement, and the disclosures in § 230.6 would have to be provided for that statement period. The Board solicits comments on whether institutions should be exempt from disclosing fees for a quarterly statement if they have reflected those fees in the prior monthly statement, in accordance with Regulation E. Appendix A to Part 230—Annual Percentage Yield Calculation Proposed Alternative Formula for Certain Accounts Part II of appendix A provides institutions with a single formula to calculate the annual percentage yield earned for periodic statements. The Board has received several inquiries from institutions about whether this formula should be used in all situations. Institutions that use the daily balance method to accrue interest have noted that if a periodic statement is sent more frequently than the period for which interest is compounded, the annual percentage yield earned may be higher than the annual percentage yield. Institutions have stated that consumers could be confused or mislead by the annual percentage yield earned figure. By way of illustration, an institution that pays a 5% interest rate and compounds annually would state an annual percentage yield of 5%. The same institution would show $4.11 of interest accrued on $1,000 of principal on a monthly periodic statement (reflecting 30 days). In such a case, the annual percentage yield earned shown on that statement would be 5.12%. Institutions have urged the Board not to require use of a formula that produces such a result. The Board solicits comment on whether an additional formula should 274 Federal Register / V ol 58, No. 2 / Tuesday, January 5, 1083 / Proposed Rules be added to Appendix A, Part II, to calculate the annual percentage yield earned for those accounts in which institutions provide periodic statements more often than they compound interest The Board also requests' comment on whether use of any additional formula should be optional or required. The definitions that apply to the existing formula in Appendix A, Part n would apply to the new formula, although a definition of “compounding” would be added, where “compounding” is the frequency with which interest is compounded, expressed as a number of days. (For example, quarterly compounding would be expressed as 91.25; S8mi-annual compounding would be expressed as 182.5; and annual compounding would be expressed as 365.) The Board requests comment on whether the following formula should be added: APY Earned- which an institution provides a periodic statement more frequently than it compounds interest (See the discussion under § 230.2(q) above, in which the Board proposes that a statement sent on a nonregular basis, to meet Regulation E requirements, is not a periodic statement for purposes of Regulation DO.) Finally, several factors may cause the annual percentage yield earned that is disclosed on the periodic statement to be lower than the annual percentage yield, such as the failure to meet a daily minimum balance requirement, a decrease in the interest rate, and use of a collected balance method of accruing interest. Use of “Ledger” and ”Collected” Balance To Calculate the Annual Percentage Yield Earned The Board proposes to address a second issue in Part Q of Appendix A, The supplementary information accompanying the final regulation state that the annual percentage yield earned (Interest earned/Balance) 100 ( 1+ reflects the relation between the amount' Days in period of interest and the “account balance for the period reflected on the statement.” (Compounding)] (Emphasis added.) The Board has received numerous questions regarding To illustrate* in the example how the balance figure is determined discussed above, if a consumer earned when an institution uses a “collected” $4.11 in interest for a 30-day period on a $1,000 deposit, the annual percentage balance method of accruing interest (As was stated in the supplementary yield earned under the proposed information accompanying the final formula would be 5%. regulation, institutions may accrue 4.11/1,000 \ interest using either the collected or APY Eamed-100 [!♦ ledger balance method.) Regardless of 30 / which method is used to accrue interest, the Board intends for institutions to use (365))OMO«s>_i the ledger balance in the account, for APY Earned=5% the period reflected on the statement, for calculating the annual percentage The Board believes that this second annual percentage yield earned formula yield earned. would be used under fairly narrow The Board believes using the ledger circumstances. First, the additional balance for the periodic statement cycle formula could be used only by those provides a more accurate yield figure institutions that calculate interest by since it demonstrates the difference using a daily balance method. (Section between institutions that accrue interest 230.6(b) of the regulation provides a using a collected balance compared to special rule for calculating the annual those that use a ledger balance. percentage yield earned if institutions (Assuming that the interest rate and use the average daily balance method to other conditions remain the same, an calculate interest.) Second, only institution using the ledger balance accounts that provide periodic method of accruing interest would statements more often than the disclose a higher annual percentage yield earned on the periodic statement frequency for which interest is than an institution using a collected compounded would be affected. Evidence indicates that the vast majority balance method.) The Board believes it of NOW and money market accounts— is essential that the annual percentage typically accounts that provide periodic yield earned be calculated in a statements on a monthly or quarterly standardized way to ensure that basis—compound on a daily or monthly consumers are able to compare returns basis. Third, given the proposed on deposit accounts. In addition, the position regarding the definition of a Board believes requiring use of a ledger periodic statement discussed earlier in balance to calculate the annual this notice, there may be few cases in percentage yield earned will minimize ( compliance costs and burdens on institutions. (4) Form o f Comment Letters As discussed above, comment letters should refer to Docket No. R-0701. The Board requests that, when possible, comments be prepared using a standard typeface with a type size of 10 or 12 characters per inch. This will enable the Board to convert the text into machinereadable form through electronic scanning, and will facilitate automated retrieval of comments for review. Comments may also be submitted on 3Va inch or 5*4 inch computer diskettes in any IBM-compatible DOS-based format, if accompanied by an original document in paper form. -■ (3) Econom ic Impact Statement The proposed change to the regulation is not likely to have a significant impact on institutions’ costs, including those of small institutions. List o f Subjects in 12 CFR Part 2 30 Advertising, Banks, Banking, Consumer protection. Deposit accounts. Interest, Interest rates, Federal Reserve System, Truth in savings. Certain conventions nave been used to highlight the proposed revisions to the regulation. New language is shown inside bold-faced arrows, while language that would be deleted is set off with bold-faced brackets. For the reasons set forth in the preamble, 12 CFR part 230 is proposed to be amended as follows: PART 230— TR U TH IN SAVINGS 1. The authority citation for part 230 continues to read as follows: Authority: 12 U.S.C. 4301 et seq. 2. Section 230.2 would be amended by revising the last sentence of paragraph (a) to read as follows: $23Q£ Definitions. * * * * * (a) Account * * * The term does not include an existing account held by an unincorporated nonbusiness association of natural persons prior to [March 21J ♦ June 21$, 1993, unless the association notifies the institution that it meets the definition of “consumer.” * * * * * 3. Section 230.4 would be amended by revising the first and second sentences of paragraph (c)(1) to read as follows: |230.4 Account disclosures. * * * * * (c) N o tic e to e x istin g a cco u n t h o ld ers —(1) N o tic e o f a v a ila b ility o f Federal Register / Vol. 58, No. 2 / Tuesday, January 5, 1993 / Proposed Rules disclosures. Depository institutions shall provide a notice to consumers who receive periodic statements and who hold existing accounts of the type offered by the institution on [March 21] ♦ June 2 1 |, 1993. The notice shall be included on or with the first periodic statement sent on or after [March 21] ♦ June 21{, 1993 (or on or with the first periodic statement for a statement cycle beginning on or after that date). * * * * * * * * 4. Section 230.5 would be amended by revising paragraph (a)(2)(ii) to read as follows: § 2 3 0 .5 * * S u b s e q u e n t d is c lo s u r e s . * * * (a) * * * (2 ) * * * (ii) Check printing fees. Changes in fees assessed (by third parties] for check printing. * * * * * 5. Section 230.8 would be amended by revising paragraph (e) and by adding a new paragraph (e)(2) to read as follows: § 2 3 0 .8 * * A d v ertisin g. * * * (e) Exemption for certain advertisements. i (l ) Certain m edia.i If an advertisement is made through one of the following media, it need not contain the information in paragraphs (c) (1), (c)(2), (c)(4), (c)(5), (c)(6)(ii), (d) (4), and (d)(5) of this section: ♦ (i)! [(1 )] Broadcast or electronic media, such as television or radio; ♦ (ii)! [(2 )] Outdoor media, such as billboards; !or! ♦ (iii)! [(3 )] Telephone response machines!-! [; or (4) Lobby boards inside a depository institution or deposit broker (provided they contain a notice advising consumers to contact an employee for further information).] ♦ (2) Lobby signs. Lobby signs facing inside a depository institution (or facing inside the premises of a deposit broker) are not subject to paragraphs (b), (c), or (d) of this section. If a lobby sign states a rate of return, it shall: (i) State the rate as an "annual percentage yield,” using that term or the term “APY.” The advertisement shall not state any other rate, except that the interest rate may be stated in conjunction with the annual percentage yield to which it relates. (ii) Contain a statement advising consumers to contact an employee for further information about applicable fees and terms.! By order o f the Board o f G overnors o f the F ederal R eserve S ystem , D ecem ber 2 9 , 1 9 9 2 . W illia m W. W iles, Secretary of the Board. [FR Doc. 9 3 - 5 4 F iled 1 - 4 - 9 3 ; 8:45 am) BILUNG CODE 6210-01-M 275