Compliance and Banking Regulations Banking and Financial Services Finance Lesson Plan Performance Objective Students will understand the necessity of banking compliance and regulations. Specific Objective Discuss the roles of compliance personnel. Identify issues that created increased need for banking compliance. Describe elements of a compliance program. Terms Compliance – the act of following banking regulations and laws Compliance officer – the person responsible for making sure that banks follow rules, regulations, and laws Subprime mortgage lending – lenders making high‐interest loans to risky borrowers, many of which became in default on their loans Gramm‐Leach‐Bliley Act of 1999 ‐ also known as the Financial Services Modernization Act of 1999, (Pub.L. 106–102, 113 Stat. 1338, enacted November 12, 1999) is an act of the 106th United States Congress (1999–2001). It repealed part of the Glass–Steagall Act of 1933, removing barriers in the market among banking companies, securities companies and insurance companies that prohibited any one institution from acting as any combination of an investment bank, a commercial bank, and an insurance company. Time When taught as written, this lesson should take approximately 5‐6 days to teach. Preparation TEKS Correlations: This lesson, as published, correlates to the following TEKS. Any changes/alterations to the activities may result in the elimination of any or all of the TEKS listed. 130.163. (c) Knowledge and Skills Copyright © Texas Education Agency, 2014. All rights reserved. 1 (6) The student describes laws and regulations used to manage business operations and transactions in the banking services industry. The student is expected to: (A) explain the elements of a compliance program. (D) discuss federal regulations of lending and operations functions in banking services, including the ethical and social aspects of those regulations. (F) discuss the responsibilities of regulatory agencies that oversee the banking industry. Interdisciplinary Correlations: English‐English I 110.31(b) (1). Reading/Vocabulary Development. Students understand new vocabulary and use it when reading and writing. 110.3(b) (11). Reading/Comprehension of informational text/procedural texts. Students understand how to glean and use information in procedural texts and documents. Math‐Algebra I 111.32(b) (1) (C). Interpret and make decisions, predictions, and critical judgments from functional relationships. Occupational Correlation (O*Net – www.onetonline.org/): Job Title: Compliance Managers O*Net Number: 11‐9199.02 Reported Job Titles: Compliance Coordinator; Compliance Officer; Compliance Review Officer Tasks: Maintain documentation of compliance activities, such as complaints received or investigation outcomes. File appropriate compliance reports with regulatory agencies. Conduct or direct the internal investigation of compliance issues Soft Skills: Written Comprehension, Judgment and Decision Making, Complex Problem Solving Accommodations for Learning Differences It is important that lessons accommodate the needs of every learner. These lessons may be modified to accommodate your students with learning differences by referring to the files found on the Special Populations page of this website. Preparation Review and familiarize yourself with the terminology and website links Have materials and websites ready to go prior to the start of the lesson. References Banking and Financial Systems, 2013, Goodheart‐Wilcox http://www.banking.senate.gov/public/_files/070110_Dodd_Frank_Wall_Street_Reform_comprehensi ve_summary_Final.pdf Copyright © Texas Education Agency, 2014. All rights reserved. 2 https://www.sec.gov/about/laws/wallstreetreform‐cpa.pdf http://www.gpo.gov/fdsys/pkg/BILLS‐111hr627enr/pdf/BILLS‐111hr627enr.pdf http://www.banking.senate.gov/public/_files/051909_CreditCardSummaryFinalPassage.pdf http://www.consumerfinance.gov/credit‐cards/credit‐card‐act/feb2011‐factsheet/ http://files.consumerfinance.gov/f/201301_cfpb_ability‐to‐repay‐summary.pdf http://www.gpo.gov/fdsys/pkg/BILLS‐111hr627enr/pdf/BILLS‐111hr627enr.pdf http://bancroft.berkeley.edu/ROHO/projects/debt/financialcrisis.html http://www.federalreserve.gov/newsevents/testimony/bernanke20100902a.htm http://www.fdic.gov/regulations/laws/rules/8000‐3100.html https://www.sec.gov/about/laws/soa2002.pdf http://www.federalreserve.gov/pubs/regcc/examples.htm http://www.phil.frb.org/bank‐resources/publications/compliance‐corner/2002/third‐ quarter/q3cc1_02.cfm http://www.fdic.gov/news/news/financial/2006/2cep_compliance.pdf Instructional Aids Textbook Lesson Presentation Instructor Computer/Projection Unit Online Websites Introduction The main purposes of this lesson are to help students understand the roles of a compliance officer or manager. credit card regulations. the importance of guidelines when lending money to borrowers. Ask students if they know the laws and regulations that their bank has to follow. Ask students if they know anything about the financial crisis of 2008. Copyright © Texas Education Agency, 2014. All rights reserved. 3 Outline I. What is compliance? A. compliance – the act of following banking regulations and laws B. main purposes 1. to increase accountability in banking 2. because banking industry has major impact on our economy 3. to protect customers 4. prevent future bank crises Many businesses have rules and regulations to follow. Unfortunately for the banking industry, either some regulations were not yet in place or some that were in place were not being followed. Ask students what they know about any of the financial crises in history. Write their responses on the board. II. Modern‐day compliance regulations A. Part 1 – the savings and loan crisis of the early 1980s 1. The Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989, 2. also known as the Savings and Loan Bailout a. abolished FSLIC (Federal Savings and Loan Insurance Corporation) b. replaced the Federal Home Loan Bank Board with the Office of Thrift Supervision c. created the Resolution Discuss the major points of the savings and loan crisis of the early 1980s. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 4 Visual/Spatial Trust Corporation to sell assets of failed banks and savings and loan institutions d. provided funds for FDIC to pay depositors who were customers of the failed institutions B. Part 2‐Financial crisis due to major corporate failures in 2001 1. major corporations that failed a. Enron b. Arthur Andersen c. WorldCom d. mainly due to unethical accounting practices 2. Sarbanes‐Oxley Act of 2002 a. provides for more reliable disclosure of financial information b. more strict standards and guidelines for the preparation of financial statements c. increased penalties for misleading accounting information d. affects banks because many are corporations C. Part 3‐Financial crisis of 2008 led to 1. Credit Card Act of 2009 2. Dodd‐Frank Wall Street Have students look up some of the corporations that failed around 2000 that are listed at the left and have them volunteer information they find. Discuss what can be done differently to prevent those failures in the future. Now have students conduct research on the crisis of 2008. Have them volunteer what they found out and record their responses on the board. Again ask what could have been done differently. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 5 Visual/Spatial Reform and Consumer Protection Act of 2010 a. Durbin Amendment b. Mortgage Reform and Predatory Lending Act – established standards for underwriting residential loans c. Financial Stability Act of 2010 – created Financial Stability Oversight Council and Office of Financial Research d. Consumer Finance Protection Act of 2010 e. Wall Street Transparency and Accountability Act of 2010 f. Regulation CC‐ Availability of Funds and Collection of Checks III. Causes of the financial crisis of 2008 A. subprime mortgage lending – lenders making high‐interest loans to risky borrowers, many of which became in default on their loans. B. spread fear of losses in other investment areas throughout Review several of the acts mentioned at the left and compare some of the provisions of the acts with what the students may have already come up with when you asked what could have been done differently. Looking back at the causes is what created much of the new laws mentioned above. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 6 Visual/Spatial the country and in global markets as well C. lowering of underwriting standards for real estate loans 1. lower, if any, down payments required 2. more home equity loans, which created less equity when values of real estate declined D. poor risk management on the part of lending institutions E. great deal of chapter 11 filings which did not help the economy, but only attempted to help the creditors IV. V. Gramm‐Leach‐Bliley Act of 1999 A. basically repealed part of the Glass‐Steagall Act B. allowed savings and investment banks to merge and do business together C. required financial institutions to provide privacy notices to its customers The Card Act of 2009 A. also called “The Credit Card Accountability Responsibility and Disclosure Act of 2009” Discuss the causes at the left and how they negatively affect the economy and can have global effects as well. Because credit card debt was a major contributing factor of the crisis, the Card Act of 2009 was major legislation to hopefully prevent the issues of the past to occur again. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 7 Visual/Spatial B. major sections of the act 1 consumer protection 2. enhanced consumer disclosures 3. protection of young consumers 4. gift cards 5. miscellaneous provisions VI. VII. Consumer protection A. advance notice of at least 45 days prior to an interest rate increase or any other significant change B. review of accounts at least every six months if interest rate is increased, to see when rate can be decreased again C. payment deadline to be 5:00 p.m. Talk to students about the consumerfinance.gov website and the effects of the changes to credit card practices. Discuss with them the “opt‐in” options for different types of services and their associated fees. Much of the new legislation has to do with helping consumers and to prevent customers from being deceived in lending practices. Enhanced customer disclosures A. Minimum Payment warning included on statements which outlines the effects of only making the minimum monthly payment B. Payment made in person at a branch shall be shown as being made on that same day. C. Regarding credit reports, Federal law discloses annualcreditreport.com as a free credit report site while any Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 8 Visual/Spatial advertisements recommending other sites must disclose that it is not the site approved by Federal law. VIII. IX. Protection of young customers A. A credit card application may not be approved for anyone under age 21 unless a co‐signer is on the account. B. There is to be no approval for credit‐line increases for college students under 21 without parent approval and the parent will also be jointly liable. C. College students cannot be offered ‘gifts’ to apply for a credit card if the offer is made at or near the college or institution of higher learning, or at an event sponsored by the institution. Gift Cards A. There are to be no inactivity fees for gift cards unless the card has not been used for at least a 12‐ month period prior to the fee being assessed. B. Inactivity fees must be disclosed prior to the card(s) being purchased. C. Gift cards should not have expiration date unless that date is at least five years from the date of purchase. Discuss with the students the part of the act that has to do with the Protection of Young Customers. Ask students if they have any gift cards and if they know if any of them had any expiration dates or inactivity fees. Explain to students that, prior to this regulation, banks made quite a bit of money from higher inactivity fees and expiration dates. So would banks favor these new regulations? Have students research with a neighbor the reaction of banks to new regulations and discuss. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 9 Visual/Spatial X. Miscellaneous provisions A. Every two years this act should be reviewed and amended as necessary. B. A study will be conducted on the cost‐effectiveness of an emergency PIN notifying local law enforcement if there is an incident at an ATM. C. A study will also be conducted regarding financial and economic education programs and funding for those programs as well. D. A study will be conducted analyzing native language and financial literacy and provide programs to assist in this area. XI. Regulation CC (Availability of Funds and Collection of Checks) A. Employees must be trained on the policy. B. The policy must be displayed for consumers. C. next‐day availability, and D. delayed availability XII. Regulation CC – Next Day Availability covers A. cash deposited in person B. electronic payments C. U. S. Treasury checks D. U. S. Postal Service money order Discuss the provisions that involve emergency PINs at ATMs in case there is trouble and that of promoting financial education. These will be beneficial for all consumers. Ask students if they have ever made a deposit and noticed it was not in their account yet when they thought it would be. Explain to them the provisions of Regulation CC and show them what types of deposits are covered and when they are actually in the account. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 10 Visual/Spatial E. Federal Reserve checks F. state or local government checks G. cashier’s checks H. checks on the same bank as the customer I. up to $200 available for Delayed Availability checks XIII. Regulation CC – Delayed Availability A. deposits greater than $5000 B. redeposited checks (checks returned due to missing signature or another reason) C. checks on accounts that are repeatedly overdrawn D. reasonable cause, for example, checks dated more than six months before XIV. Check 21 Act of 2003 A. allowed banks to send funds to other banks electronically B. paper checks, called substitute checks, used if funds were not transferred electronically C. paved the way for most electronic banking services XV. Big bank bailouts A. Citigroup B. J. P. Morgan Chase C. Wells Fargo D. Capital One Explain to students that the availability of their deposits is supposed to be displayed in the bank and all employees should be familiar with the provisions. Check 21 was an important step in promoting electronic banking. Time and costs are saved because of electronic banking. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 11 Visual/Spatial E. Bank of America F. Goldman Sachs G. Merrill Lynch XVI. Career as a compliance officer A. What they do 1. ensure banks follow current regulations 2. explain rules and regulations to bank employees 3. maintain bank policy and procedure manuals 4. organize records for bank examiners B. Work environment 1. usually work in a corporate office 2. travel to other banks C. Education 1. bachelor’s degree 2. some hours in accounting Ask students if they are familiar with the banks and financial institutions on the left. Have the students conduct research and discuss with them what they find. Especially with the increased regulations of recent years, careers in compliance management and financial examining are on the increase. Show students the bls.gov web site, click on Publications, Occupational Outlook Handbook, and search using the word “compliance”. Multiple Intelligences Guide Existentialist Interpersonal Intrapersonal Kinesthetic/ Bodily Logical/ Mathematical Musical/Rhythmic Naturalist Verbal/Linguistic Copyright © Texas Education Agency, 2014. All rights reserved. 12 Visual/Spatial Application Guided Practice Create index cards that have the name of the acts or laws discussed in this lesson. Then copy and paste the provisions from the different acts onto a blank document. Make copies and cut up all of the provisions. Have students in pairs match up the provisions of the acts with the appropriate act. You can also set a timer and see what group finishes first. Independent Practice Have each student select one act to research. Have them each come up with one provision or characteristic that was not discussed. Then have them share that provision with their neighbor and the neighbor shares with them. Summary Review Ask students the following questions on exit tickets: Question #1: What does compliance mean in banking? Answer #1: Compliance is the act of following banking regulations and laws. Question #2: What are some events the created the need for better compliance with laws and regulations? Answer #2: The savings and loan crisis of the early 1980s, the corporate failures of early 2000s, and the financial crisis of 2008. Question #3: In a bank or financial institution who should be concerned with compliance? Answer #3: All bank employees should be familiar with compliance regulations. Question #4: What was the Dodd‐Frank Act of 2010? Answer #4: It was created in response to the financial crisis of 2008 and brought major changes to the financial industry to prevent a crisis such as this in the future. Question #5: What was another act that was created as a result of the financial crisis of 2008? Answer #5: The ‘Card Act’ of 2009 which set new, stricter guidelines for credit card use. Evaluation Informal Assessment Any and all of the following can be used as informal assessments… Exit tickets with vocabulary Pair‐share activities Class discussion and participation Formal Assessment The following can be considered a formal evaluation: Copyright © Texas Education Agency, 2014. All rights reserved. 13 Credit Card Laws Assignment #1 – Using the Credit Card Summary or gpo.gov reference listed above, have students create their own summary of each of the sections in the act with any form of diagram, for example, a table, a SmartArt diagram, or any other diagram the student chooses. They are to select the one provision of each of the first five‐seven sections that they think would apply most to them and state their reason why they chose that provision, for example, in section three they might choose the provision about not setting due date times in the early morning because they may not wake up early enough to make the payment in time. Funds Availability Assignment #2 – Make copies of the Applying Funds Availability Rules scenarios and have students in pairs select a scenario from a ‘hat’. Based on what they learned about Regulation CC using the Federal Reserve’s Reg CC web site, they will develop a response to the scenario. They are to present their findings to the class in any form they choose. They should have visuals, whether it is a handout, flip chart, or presentation on a projector. Career Opportunities Assignment #3 – Students will research careers involving banking compliance on any of the career websites. They will select three careers and will create a Venn diagram with the 3 careers in each of the circles. The overlapping sections of the circles should include the duties, job responsibilities, or educational requirements that are the same for those jobs. If all 3 have the same attribute, that goes in the center overlap. If one particular job has a requirement the same as one of the other jobs, it goes in the overlap between those two jobs, not in the center because it is only particular to two of the three jobs. This can be done on the computer, flip chart paper, or any other medium available. Enrichment Extension Have students check with local banks to see if they can interview a compliance officer or manager. They should create a list of questions to ask about that regulations they pay close attention to and their procedures for following those regulations. If the interview is in person, ask to see where the Regulation CC policies are in the bank. Summarize your findings in a short report. Copyright © Texas Education Agency, 2014. All rights reserved. 14 Compliance and Banking Regulations Credit Card Laws Assignment #1 Student Name: _____________________________ CATEGORY 20 15 8 1 The document is exceptionally attractive in terms of design, layout, and neatness. The document is attractive in terms of design, layout and neatness. The document is acceptably attractive though it may be a bit messy. The document is distractingly messy or very poorly designed. It is not attractive. Use of Class Time Used time well during each class period. Focused on getting the project done. Used time well during each class period. Usually focused on getting the project done. Used some of Did not use class the time well time to focus on during each class the project. period. There was some focus on getting the project done. Required Elements The document includes all required elements as well as additional information. All required elements are included on the document. All but 1 of the required elements is included on the document. Several required elements were missing. Knowledge Gained Student can accurately answer all questions related to facts in the document. Student can accurately answer more than half the questions related to facts in the document. Student can accurately answer about 50% of questions related to facts in the document. Student appears to have insufficient knowledge about the facts used in the document. Grammar There are no grammatical mistakes on the document. There is 1 grammatical mistake on the document. There are 2 grammatical mistakes on the document. There are more than 2 grammatical mistakes on the document. Attractiveness Maximum Points Possible: 100 Student Points: ___________ Copyright © Texas Education Agency, 2014. All rights reserved. 15 Compliance and Banking Regulations Funds Availability Assignment #2 Student Name: _____________________________ CATEGORY 20 15 8 1 Comprehension Student is able to accurately answer almost all questions posed by classmates about the topic. Student is able to accurately answer most questions posed by classmates about the topic. Student is able to accurately answer a few questions posed by classmates about the topic. Student is unable to accurately answer questions posed by classmates about the topic. Preparedness Student is completely prepared and has obviously rehearsed. Student seems pretty prepared but might have needed a couple more rehearsals. The student is somewhat prepared, but it is clear that rehearsal was lacking. Student does not seem at all prepared to present. Collaboration with Peers Always listens to, shares with, and supports the efforts of his partner. Usually listens to, shares with, and supports the efforts of his partner. Occasionally listens to, shares with, and supports the efforts of his partner. Rarely listens to, shares with, and supports the efforts of his partner. Stays on Topic Stays on topic all Stays on topic Stays on topic It was hard to (100%) of the most (99‐90%) of some (89%‐75%) tell what the time. the time. of the time. topic was. Content Shows a full Shows a good Shows a good Does not seem understanding of understanding of understanding of to understand the topic. the topic. 50% of the topic. the topic very well. Maximum Points Possible: 100 Student Points: ___________ Copyright © Texas Education Agency, 2014. All rights reserved. 16 Compliance and Banking Regulations Career Opportunities Assignment #3 Student Name: _____________________________ CATEGORY 20 15 8 1 The diagram is exceptionally attractive in terms of design, layout, and neatness. The diagram is attractive in terms of design, layout and neatness. The diagram is acceptably attractive though it may be a bit messy. The diagram is distractingly messy or very poorly designed. It is not attractive. Use of Class Time Used time well during each class period. Focused on getting the project done. Used time well during each class period. Usually focused on getting the project done. Used some of Did not use class the time well time to focus on during each class the project. period. There was some focus on getting the project done. Required Elements The diagram includes all required elements as well as additional information. All required elements are included on the diagram. All but 1 of the required elements is included on the diagram. Several required elements were missing. Grammar There are no grammatical mistakes on the diagram. There is 1 grammatical mistake on the diagram. There are 2 grammatical mistakes on the diagram. There are more than 2 grammatical mistakes on the diagram. Content ‐ Accuracy All topics 1‐2 pieces of covered for each data missing on of the 3 jobs are the diagram. displayed on the diagram. 3‐4 pieces of data missing on the diagram. Only one career presented. Attractiveness Maximum Points Possible: 100 Student Points: ___________ Copyright © Texas Education Agency, 2014. All rights reserved. 17