WSR 14-12-080
AGENDA
DEPARTMENT OF
FINANCIAL INSTITUTIONS
[Filed June 3, 2014, 9:59 a.m.]
Semi-Annual Agenda for Rules Under Development
July 1 – December 31, 2014
DIVISION OF BANKS
Amend rules on limits on loans and extensions of credit (WAC 208-512A-010) to conform to statutory changes in chapter 76, Laws of 2013, which updated the "parity" provisions by which state-chartered banks and savings banks may exercise the powers and authorities of national banks and federal savings associations. The amendments to the statute changed the "parity date" from July 27, 2003, to effectively July 28, 2013. Accordingly, the rule needs to be amended to conform to the statutory changes. There may be other minor proposed amendments to the lending limits rules for clean-up or tweaking purposes.
Amend chapter 208-512 WAC to modernize securities investment standards rules. Section 939A of the Dodd-Frank Act authorized federal banking regulators to eliminate statutory protections for national credit rating agencies associated with investments (i.e., Standard & Poors, Moody's, and Fitch) and to establish new standards of credit-worthiness. In reviewing its compliance with Section 939A of the Dodd-Frank Act, the division of banks identified one or more sections of chapter 208-512 WAC which need modernization to conform to the Dodd-Frank Act and to also assure "parity" for Washington state-chartered banks and savings banks with national banks in relation to securities investment standards. Accordingly, the division of banks is anticipating repealing WAC 208-512-110 through 208-512-117 inclusive, and to propose and adopt a modern, comprehensive set of rules on bank investment standards set forth in a new chapter 208-512B WAC.
Propose and adopt rules for a technical clean-up of existing chapter 208-512 WAC consistent with the rule making to be proposed and adopted above. These rules benefit regulated entities.
DIVISION OF CONSUMER SERVICES
Amend chapter 208-630 WAC as to small loan agents. Chapter 31.45 RCW provides for the regulation of small loan agents. Chapter 208-630 WAC must be amended to provide for differing levels of regulation of small loan agents based on the services they provide. Rules are beneficial to or requested or supported by regulated entities.
DIVISION OF CREDIT UNIONS
Initiate rule making on investments for credit unions. Rules are beneficial to or requested or supported by regulated entities.
DIVISION OF SECURITIES
Amendments to WAC 460-80-300 to allow electronic delivery of franchise disclosure documents to franchisees. Rules are beneficial to or requested or supported by regulated entities.
Amendments to WAC 460-42A-081 to include NASDAQ Global Select, Global, and Capital Markets securities in exemption, reflecting changes in federal law. The current rule predates the creation of these tiers and references a system no longer in place. Rules are beneficial to or requested or supported by regulated entities.
Amending chapter 460-16A WAC to clarify requirements for filing applications to renew securities offering registrations. Rules are beneficial to or requested or supported by regulated entities.
Propose rules in a new chapter in Title 460 WAC to implement the "Washington Jobs Act of 2014," ESHB 2023, an act allowing equity crowdfunding for certain small securities offerings. Rules are beneficial to or requested or supported by regulated entities.
Considering amendment to WAC 460-16A-205 to remove the reference to the North American Securities Administrators Association (NASAA) Statement of Policy regarding health care facility offerings, pertaining to the offering on nonprofit health care facility bonds, as it has been repealed by NASAA. Rules are beneficial to or requested or supported by regulated entities.
Amendments and updates to chapter 460-24A WAC regarding investment advisers due to changes in federal law and NASAA model rules. Rules are required by federal law.
Amendments to WAC 460-44A-502 regarding legends to clarify requirements. Rules are beneficial to or requested or supported by regulated entities.
Amendments to WAC 460-80-140 correcting cross references to federal law. Rules are beneficial to or requested or supported by regulated entities.
Propose new rule in chapter 460-23B WAC to clarify requirement to file termination notice for agents of issuers. Rules are beneficial to or requested or supported by regulated entities.