House ‘true lender’ resolution, CLF bill markup scheduled this week

The House will consider a CUNA-supported repeal of the Office of the Comptroller of the Currency’s “true lender” proposal this week. The House Financial Services Committee will also mark up the CUNA-supported Central Liquidity Facility (CLF) Enhancement Act (H.R. 3958) starting Wednesday.

The OCC’s proposal would allow a national bank would be considered the true lender of the loan if, as of the date of origination, it is named as the lender in the loan agreement or funds the loan.

The Senate passed its own resolution of disapproval in May.

H.R. 3958 would permanent CLF changes temporarily made by the CARES Act.  Specifically, it would expand the borrowing authority of NCUA’s Central Liquidity Facility to 16 times the paid in capital (up from 12 times). This is currently in place through the end of 2021.

 

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