GAO Report Examines Impact of Dodd-Frank Rules

Greg Jones

CRCM—Director Regulatory Compliance Services

June 14, 2016

Late last year, the General Accounting Office (GAO) conducted a required regulatory analysis to determine the impact of Dodd-Frank regulations on affected institutions. The results were recently published in a report: Dodd-Frank Regulations: Impacts on Community Banks, Credit Unions and Systemically Important Institutions.

The report only examined nine Dodd-Frank rules that were effective as of last October. There are 390 Dodd-Frank rulemaking mandates — of these, 267 rules have actually been written so far. For the analysis, regulators chose rules they believed would have the most impact on affected institutions.

Not surprisingly, the report concluded that there has been an increase in the compliance burden on these institutions — including increases in staff, training and the time required to comply with the regulations and update compliance systems. There has also been a decline in some financial product offerings, such as loans that aren’t qualified mortgages. The report attributes this to fears among community banks of litigation or an inability to sell loans to secondary markets.

According to the report, there have been only moderate to minimal initial reductions in credit availability and there has not been a negative impact on mortgage lending to date. However, the report doesn’t rule out the possibility that significant effects could arise in the future.

The report concludes that not enough time has passed yet to ascertain the true impact of Dodd-Frank rules on community banks and credit unions. The fact that about one-third of Dodd-Frank’s rules still haven’t been written and implemented also hinders regulators’ ability to gauge the Act’s impact on affected institutions.

The effect of the TILA-RESPA Integrated Disclosures rule (TRID) and the new Home Mortgage Disclosure Act (HMDA) rule were not factored into the report. It’s reasonable to assume that these rules could decrease the availability of mortgage credit to community bank customers in the future as these banks struggle under the weight of increasing regulatory requirements.

For more information on these changes, contact Greg Jones.