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New York Department of Financial Services announces temporary guidelines on annual meeting requirements
On April 16, New York Department of Financial Services announced temporary regulatory relief for state-chartered financial services entities regarding annual meeting requirements. The announcement specifically allowed for annual meetings to be conducted virtually via teleconference, and extended the deadline to hold stockholder meetings, allowing affected entities to fulfill the requirement within the first seven months, as opposed to the first four months, of its fiscal year.
Arizona Department of Insurance issues guidance on insurance customer relief
On April 16, the Arizona Department of Insurance issued Regulatory Bulletin 2020-04 to certain insurers. Such insurers are encouraged to offer relief to customers affected by Covid-19, such as refraining from cancelling or non-renewing policies due to non-payment during the hardship, working with insured on premium payments, waiving late fees, interest, and penalties, delaying premium increases, and suspending the use of credit reports for rating. Insurers implementing Covid-19 related customer relief programs must make an informational filing in SERFF to document their programs.
Fed's PPP Liquidity Facility is fully operational
On April 16, the Federal Reserve announced that its Paycheck Protection Program Liquidity Facility is fully operational and available to provide liquidity to eligible financial institutions as they help support small businesses. In particular, the facility will extend credit to financial institutions that make PPP loans, with such loans acting as the collateral.
Washington governor issues proclamation extending eviction relief
On April 16, the Washington governor issued a proclamation extending and amending Proclamation 20-05 (declaring a state of emergency) and related amendments, and amending Proclamation 20-19 (regarding evictions). Effective immediately and until June 4, 2020, landlords, property owners, and property managers of residential dwellings and commercial rental properties in Washington may not, among other things, evict a tenant, assess certain fees, or increase the rate of rent or the amount of any deposit, except in certain limited circumstances.
Connecticut regulator urges institutions not to use CARES Act checks to satisfy debt
On April 16, the Connecticut Department of Banking issued a letter to all Connecticut financial institutions, “strongly” urging them not to use stimulus payments to satisfy overdrafts and not to exercise any right of offset against other debts for 30 days after the payment is received without express consumer consent. If an institution’s systems automatically use the payment to satisfy an overdraft, the department urged reversing the transaction as soon as possible.
Maine issues executive order prohibiting certain evictions
On April 16, the governor of Maine issued an executive order prohibiting landlords and property owners from attempting to evict a tenant by means not authorized by law and prohibiting the serving of writs of possession upon tenants in certain circumstances. The executive order also extends the notice periods for evicting a tenant for nonpayment of rent where such late payment is due to loss of income caused by Covid-19. The order will expire 30 days after the termination of the Covid-19 state of emergency, unless amended or rescinded earlier.
Texas Office of Consumer Credit issues revised emergency bulletin for lenders
On April 16, the Texas Office of Consumer Credit issued a revised bulletin outlining emergency guidance for regulated lenders navigating the Covid-19 crisis. The guidelines: 1) extended due date for filing annual reports from May 1 to June 1; 2) encouraged lenders to work with consumers, including by working out modifications to assist with payments, waiving fees and charges, suspending charged-off accounts, and suspending repossessions of collateral or foreclosure of real property, among other things; 3) reminded lenders of legal requirements for using electronic signatures; and 4) permitted lenders to conduct regulated lending activity from unlicensed locations, subject to certain conditions.
Nebraska regulator clarifies eligibility of lender affiliates for PPP loans
The Nebraska Department of Banking and Finance re-posted FAQs from the Department of the Treasury and Small Business Administration regarding the Paycheck Protection Program. The FAQs clarify that lenders are permitted to make PPP loans to companies owned in whole or in part by an outside director or a less than 30 percent equity holder of the lender, provided no favoritism or prioritization of the director’s or equity holder’s company is involved. This does not apply to companies owned in whole or in part by directors or owners that are key employees of the lender.
Kansas extends duration of stay home order
On April 16, the Kansas governor issued an order extending the duration of a prior “stay home” order to May 3, 2020 or until the statewide State of Disaster Emergency proclaimed on March 12, expires, whichever is earlier. A press release also was issued regarding the order.
Missouri extends duration of “Stay Home Missouri” order
On April 16, the Missouri Department of Health extended the duration of a prior “Stay Home Missouri” order to May 3, 2020, unless extended or modified. Relying on the Cybersecurity and Infrastructure Security Agency (CISA) advisory memorandum, financial services are considered essential.