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4 Steps to Prepare Your Financial Institution for Dodd-Frank 1071


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Thought LeadershipSmall Business BankingChange Management


key points
  • Dodd-Frank 1071: What it is and how will it affect your FI.

  • Four actions to consider when preparing your FI and a data checklist.

  • As a pioneer in cloud banking, nCino can help your FI adapt to Dodd-Frank 1071 as well as future regulations and rules.

Dodd-Frank 1071’s final rule, issued on March 30th, 2023, one day before the critical amendment to the Equal Credit Opportunity Act (ECOA) was anticipated to be finalized, is a game-changer for small business lenders.

The rule mandates that financial institutions report certain lending data points for small business lending, including demographic data on women-owned, minority-owned and LGBTQI+-owned small businesses. This data will be used by the Consumer Financial Protection Bureau (CFPB) to enforce fair lending laws and to identify community needs and access to credit. The data collected under the rule will also be used to develop new programs and initiatives to support small businesses.

When a financial institution (FI) is required to collect and report the required data is dependent upon the number of small business loans originated during 2022 and 2023. The earliest date an FI is required to begin collecting data is October, 1, 2024 (2,500 originations) with time extensions to April 1, 2025 (100 or 500 to 2,500 originations) or January 1, 2026 (at least 100 originations), depending on circumstances.

The rule is a complex one, and FIs will need to take steps to comply with it. As your FI prepares to conform to the new requirements, here are some actions to consider.

1. Find out if your financial institution will be impacted.

All FIs that originated at least 100 covered credit transactions in the past two calendar years (i.e., 2022, 2023) will need to comply with Dodd-Frank 1071. The loan types covered by the new rule include loans, lines of credit, credit cards, merchant cash advances and credit products used for agricultural purposes. As always, there are exceptions to the definitions on the types of loans to be reported.

2. Train your frontline staff on the upcoming changes.

An FI’s frontline staff are the first line of defense for financial institutions when it comes to complying with Dodd-Frank 1071. They’re the ones who will be interacting with customers and collecting the data that is required under the rule. They’re also the ones who will be making lending decisions that could impact whether a customer is approved for a loan or not.

By properly training your frontline staff on the Dodd-Frank 1071 rule changes, the scope of change based on your FI’s systems and how to collect and validate the required data, FIs can help to ensure that they are in compliance with the law. This can help to protect the financial institution from potential penalties from the Consumer Financial Protection Bureau (CFPB) and improve risk management. It can also help create a better experience for your FI’s clients, as your employees will be able to provide accurate and helpful information and build trust and loyalty among borrowers, which can lead to repeat business and referrals.

3. Know the data fields your FI will be required to report on.

Dodd-Frank 1071 requires FIs to collect and report certain data on applications for credit for small businesses, including those small businesses owned by women or minorities. It’s important to note that the rule limits who should have access to the demographic information about the business and individuals. If an employee of the FI is involved in making a decision concerning the application, the data should have a firewall preventing access. However, there is also an option to provide a notice to some or all applicants advising certain information may need to view or access to make a loan decision.

The data that must be collected and reported includes, but is not limited to:

  • A loan-level unique identifier

  • Application date and how it was received

  • Action taken and when taken

  • Loan purpose

  • Loan type

  • Amount applied for or amount of the loan

  • Key elements of loan pricing (interest rate, total origination costs, prepayment penalites) of the credit, interest and all fees

  • Census tract (address of the business)

  • Gross annual revenue

  • NAICS code

  • Number of workers

  • Time in business

  • Number of principal owners

  • Minority-owned

  • Women-owned

  • LGBTQIA+-owned

  • Race, Ethnicity, Sex of the principal owners

4. Know your budget.

The data collection and reporting required by Dodd-Frank 1071 can be costly, and FIs need to make sure that they have the resources in place to comply with the rule. The first step is to identify the costs that will be associated with compliance, including the costs of data collection and reporting, the costs of updating lending policies and procedures, the costs of technology associated with the change, costs of staff and audits, and the costs of providing additional disclosures. Once the costs of compliance have been identified, the financial institution needs to allocate resources. This may include hiring new staff, training existing staff and purchasing new software.

As a pioneer in cloud banking, nCino has a clear viewpoint about what it takes to move to a new banking future. Our deep domain expertise and industry knowledge make us an ideal partner to help financial institutions navigate and adapt to changing laws and regulatory shifts.

If you have additional questions about Dodd-Frank 1071 final rule, please reach out to your nCino representative or visit our resources page to learn more.