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Role of Supervisory Guidance

banking-occ · OCC · Rule · Published 2021-02-12 · Effective 2021-03-15 · 86 FR 9253

Document

Document number
2021-01499
Federal Register citation
86 FR 9253
CFR reference
12 CFR 4
Type
Rule
Action
Final rule.
Category
banking-occ
Sub-agency
OCC
Publication date
2021-02-12
Effective date
2021-03-15
Treasury docket
Docket No. OCC-2020-0005

Abstract

The OCC is adopting a final rule that codifies the Interagency Statement Clarifying the Role of Supervisory Guidance, issued by the OCC, Board of Governors of the Federal Reserve System (Board), Federal Deposit Insurance Corporation (FDIC), National Credit Union Administration (NCUA), and Bureau of Consumer Financial Protection (Bureau) (collectively, the agencies) on September 11, 2018 (2018 Statement). By codifying the 2018 Statement, with amendments, the final rule confirms that the OCC will continue to follow and respect the limits of administrative law in carrying out its supervisory responsibilities. The 2018 Statement reiterated well-established law by stating that, unlike a law or regulation, supervisory guidance does not have the force and effect of law. As such, supervisory guidance does not create binding legal obligations for the public. Because it is incorporated into the final rule, the 2018 Statement, as amended, is binding on the OCC. The final rule adopts the rule as proposed without substantive change.

Source

Authoritative
Federal Register document
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