Common use of CONSUMER COMPLIANCE PROGRAM Clause in Contracts

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty (60) days, the Board shall review and revise the Bank’s consumer compliance program and implement the revised program, and thereafter ensure adherence to the written program which shall be designed to ensure the Bank is operating in compliance with all applicable consumer protection laws, rules and regulations. The program shall include: (a) written descriptions of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountability; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (d) updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, to ensure the program remains current; (e) a formal compliance review process for new or changed products and services; (f) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by appropriate Bank personnel; and (g) an education and training program for all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored to each individual’s responsibilities and duties. (2) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty ninety (6090) daysdays of this Agreement, the Board shall review and revise add, as necessary, sufficient staffing to ensure the Bank’s Bank complies with all applicable consumer laws and regulations. (2) Within ninety (90) days of this Agreement, the Board shall prepare and submit to the Assistant Deputy Comptroller for a prior written determination of no supervisory objection, a written, risk-based consumer compliance program and implement the revised program, and thereafter ensure adherence to the written program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall includeinclude at a minimum: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilityOfficer; (b) the establishment of employee and management accountability for noncompliance with relevant consumer laws, rules, and regulations; (c) revised policies and procedures to ensure they provide appropriate guidance regarding all relevant consumer protection laws, rules, and regulations, to include in particular, the Flood Disaster Protection Act; (d) timely updates of written policies and procedures to ensure they remain current; (e) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (cf) a policies formalized risk assessment process and procedures manual covering all applicable annual audit plan to use in determining the frequency and scope of ongoing compliance monitoring and audit; (g) a comprehensive independent audit program to adequately test for compliance with consumer protection laws, rules rules, and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresregulations; (d) updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, to ensure the program remains current; (e) a formal compliance review process for new or changed products and services; (fh) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gi) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules rules, and regulations, with training tailored to each individual’s responsibilities and duties.; (2j) Upon adoptionprocedures for the dissemination of changes in laws, a copy rules, regulations and OCC policy changes to affected Bank personnel; and (k) periodic reporting of the program shall be forwarded results of the consumer compliance audit to the Assistant Deputy Comptroller for reviewBoard or a committee thereof. (3) The Board shall ensure that After the OCC has advised the Bank has processes, personnel, and control systems to ensure implementation of and adherence that it does not take supervisory objection to the program developed pursuant to required by this Article, the Board shall immediately implement, and shall thereafter ensure adherence to its terms.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty ninety (6090) days, the Board Bank shall review and revise the Bank’s consumer compliance program and implement the revised programadopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules and regulations. The This program shall include, but not be limited to: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilitycompliance officer; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (d) annual updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal an audit program to test for compliance review process for new or changed products with consumer protection laws, rules and servicesregulations; (f) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (g) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored ; and (h) periodic reporting of the results of the consumer compliance audit to each individual’s responsibilities and dutiesthe Board or a committee thereof. (2) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article. (4) Within ninety (90) days, the Board shall appoint a capable officer of the Bank who shall be vested with sufficient authority to monitor and ensure the Bank's compliance with the Bank Secrecy Act, the A Know-Your-Customer@ guidelines, suspicious activity reporting requirements, and the rules and regulations of the Office of Foreign Assets Control (OFAC). This compliance officer shall report directly to the Board and shall be completely independent of the Bank's management. This officer shall be responsible for the complete and timely filing of Currency Transaction Reports (CTRs), Reports of International Transportation of Currency or Monetary Instruments (CMIRs) and Suspicious Activity Reports (SARs). (5) The Assistant Deputy Comptroller shall have the power of veto over the appointment of the proposed officer. However, the failure to exercise such veto power shall not constitute an approval or endorsement of the proposed officer.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty one-hundred-fifty (60150) daysdays of the date of this Agreement, the Board Bank shall submit to the ADC for review and revise the Bank’s consumer compliance program and implement the revised program, and thereafter ensure adherence to the prior written program which shall be determination of no supervisory objection an acceptable written Consumer Compliance Program designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. . (2) The program Consumer Compliance Program shall include, at a minimum: (a) a written descriptions description of the duties and responsibilities of the individual(s) responsible for the oversight and management of the Consumer Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilityProgram; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules rules, and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresresponsibilities and specifically tailored to your deposit and lending practices; (d) timely updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal formalized risk assessment process and annual audit plan to use in determining (f) an independent audit program to adequately test for compliance review process for new or changed products with consumer protection laws, rules and servicesregulations; (fg) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gh) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored to each individual’s responsibilities and duties.; (2i) Upon adoptionprocedures for the dissemination of changes in laws, a copy rules, regulations and OCC policy changes to affected Bank personnel; and (j) periodic reporting of the program shall be forwarded results of the consumer compliance audit to the Assistant Deputy Comptroller for reviewBoard or a committee thereof. (3) Within 30 days following receipt of the ADC’s written determination of no supervisory objection to the Consumer Compliance Program or to any subsequent amendment to the Consumer Compliance Program, the Board shall adopt and Bank management, subject to Board review and ongoing monitoring, shall immediately implement and thereafter ensure adherence to the Consumer Compliance Program. The Board shall ensure that review the Bank has processes, personneleffectiveness of the Consumer Compliance Program at least annually, and control systems to ensure implementation of more frequently if necessary or if required by the OCC in writing, and adherence amend the Consumer Compliance Program as needed or directed by the OCC. Any amendment to the program developed pursuant Consumer Compliance Program must be submitted to this Articlethe ADC for review and prior written determination of no supervisory objection.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty (60) daysdays of this Agreement, the Board shall review prepare and revise submit to the Bank’s Assistant Deputy Comptroller for a prior written determination of no supervisory objection, a written, risk-based consumer compliance program and implement the revised program, and thereafter ensure adherence to the written program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall includeinclude at a minimum: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilityOfficer; (b) the designation of a competent and knowledgeable Compliance Officer to carry out the described duties and responsibilities; (c) the establishment of employee and management accountability for noncompliance with relevant consumer laws, rules, and regulations; (d) revised policies and procedures to ensure they provide appropriate guidance regarding all relevant consumer protection laws, rules, and regulations; (e) timely updates of written policies and procedures to ensure they remain current; (f) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (cg) a policies formalized and procedures manual covering all applicable independent risk assessment process and annual audit plan to use in determining the frequency and scope of ongoing compliance monitoring and audit; (h) a comprehensive, independent, and risk-based audit program to adequately test for compliance with consumer protection laws, rules rules, and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresregulations; (d) updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, to ensure the program remains current; (e) a formal compliance review process for new or changed products and services; (fi) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gj) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules rules, and regulations; (k) procedures for the dissemination of changes in laws, with training tailored rules, regulations, and OCC policy changes to each individual’s responsibilities and dutiesaffected Bank personnel; and, (l) periodic reporting of the results of the consumer compliance audit to the Board or a committee thereof. (2) Upon adoption, a copy of After the program shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that OCC has advised the Bank has processes, personnel, and control systems to ensure implementation of and adherence that it does not take supervisory objection to the program developed pursuant to required by this Article, the Board shall immediately implement, and shall thereafter ensure adherence to its terms.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty one hundred eighty (60180) days, the Board Bank shall review and revise the Bank’s consumer compliance program and implement the revised programdevelop, adopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules and regulations. The This program shall include, but not be limited to: (a) the designation of a Board-appointed Compliance Officer; (b) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilitycompliance officer; (bc) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (cd) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities; such manual must address at a minimum the Bank Secrecy Act, which identifies employee accountability for required proceduresTruth-In- Lending Act, Real Estate Settlement Procedures Act, Flood Disaster Protection Act, Truth-In-Savings Act, Expedited Funds Availability Act, Electronic Funds Transfer Act, Reserve Requirements of Depository Institutions, and Equal Credit Opportunity Act; (de) semiannual updates of to the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (ef) a formal compliance audit program, with an annual compliance review process schedule, to test for new or changed products compliance with consumer protection laws, rules and servicesregulations; such audit program shall include a written description of the scope of the compliance review, and all steps for each audit shall be comprehensively documented and maintained; (fg) procedures to ensure that exceptions noted in the audit reports are corrected and responded to in writing by the appropriate Bank personnel; and; (gh) an provisions for the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored ; and (i) periodic reporting of the results of the consumer compliance audit to each individual’s responsibilities and dutiesthe Board or a committee thereof. (2) The Assistant Deputy Comptroller shall have the power of veto over the appointment of the proposed compliance officer. However, the failure to exercise such veto power shall not constitute an approval or endorsement of the proposed officer. (3) The requirement to submit information and the prior veto provisions of this Article are based on the authority of 12 U.S.C. 1818(b) and do not require the Comptroller to complete his review and act on any such information or authority within ninety (90) days. (4) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for review. (35) If the Bank chooses to contract for compliance services from an external third party, the Bank must: (a) describe in detail how compliance functions and monitoring duties will be allocated between the external third party and Bank personnel; and (b) appoint a Bank employee as Compliance Officer to act as an internal contact resource and be responsible for ensuring compliance on a daily basis. (6) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty ninety (6090) days, the Board shall review and revise the Bank’s consumer compliance program and implement the revised programadopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank Association is operating in compliance with all applicable consumer protection laws, rules and regulations. The This program shall include, but not be limited to: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilitycompliance officer; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank Association personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (d) semiannual updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal an audit program to test for compliance review process for new or changed products with consumer protection laws, rules and servicesregulations; (f) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank Association personnel; and; (g) an the education and training program for of all appropriate Bank Association personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored ; and (h) periodic reporting of the results of the consumer compliance audit to each individual’s responsibilities and dutiesthe Board or a committee thereof. (2) In addition to the requirements in paragraph (1) of this Article, the Board shall adopt, implement, and thereafter ensure adherence to a written consumer compliance program designed to ensure that the Bank is operating in compliance with the Flood Disaster Protection Act (FDPA), 42 U.S.C. § 4001 - 4129 (as amended), 12 C.F.R. Part 22, including, but not limited to, procedures to: (a) ensure the maintenance of ongoing documentation to validate adherence with FDPA requirements at loan origination and throughout the life of the loan; (b) ensure loans in a special flood hazard area are appropriately identified and monitored for compliance with FDPA; (c) establish a timeframe for performing flood hazard area searches prior to closing, providing customers sufficient time to purchase necessary insurance; (d) establish requirements for when a flood notices must be sent; (e) establish a timeframe for force-placing flood insurance; and (f) provide for the provision and documentation of staff training. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for review. (34) The Board shall ensure that the Bank Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty (60) days, the Board shall review and revise the Bank’s consumer compliance program and implement the revised programadopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules and regulations. The This program shall include, but not be limited to: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilitycompliance officer; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (d) semiannual updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal an audit program to test for compliance review process for new or changed products with consumer protection laws, rules and servicesregulations; (f) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (g) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored ; and (h) periodic reporting of the results of the consumer compliance audit to each individual’s responsibilities and dutiesthe Board or a committee thereof. (2) Within sixty (60) days of the date of this Agreement, the Board shall develop, implement, and thereafter ensure Bank adherence to a written program of policies and procedures to provide for a satisfactory suspicious activity monitoring system for domestic Automated Clearinghouse (ACH) transactions. Additionally, the Board shall ensure that an comprehensive Bank Secrecy Act risk assessment is performed in accordance with guidelines outlined in Federal Financial Institutions Examination Council (FFIEC) Bank Secrecy Act/Anti- Money Laundering Examination Manual. Finally, the Board shall also ensure the establishment and adherence to an appropriate Office of Foreign Assets Control (“OFAC”) training program. Upon adoption, a copy of the program programs shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program programs developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty (60) days, the Board The Bank shall review and revise the Bank’s consumer compliance program and implement the revised program, and thereafter ensure adherence to the written program which shall be designed to ensure the Bank is operating in compliance comply with all applicable consumer protection laws, rules and regulationsregulations.1 (2) The Bank shall continue to ensure adherence to its internal compliance program adopted by the Board on May 26, 2000. The If the Board determines a different consumer compliance program is better suited to the Bank's needs, it will adopt, implement and thereafter ensure adherence to an alternate written consumer compliance program. Any such program shall include, but not be limited to: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer Bank's compliance officer; 1 For purposes of this Agreement, the phrase "consumer protection laws, rules and regulations" shall be deemed to include the Bank Secrecy Act, as amended, 31 U.S.C. §§ 5311 - 5330, and the regulations promulgated thereunder, 31 C.F.R. Part 103 (collectively, the "Bank Secrecy Act"), all such other key positions statutes and regulations identified in the Compliance area, that clearly define authority and accountability;tabular (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities. The manual will address the Bank Secrecy Act, which identifies employee accountability including, specifically: (i) operating procedures for both the opening of new accounts and the monitoring of current accounts; (ii) adequate controls and procedures to ensure that all suspicious and large currency transactions are identified and reported. Procedures must be comprehensive as to all of the Bank's points of cash entry and exit; (iii) procedures to ensure that records are maintained on monetary instrument transactions and funds transfers, as required proceduresby the Bank Secrecy Act; (d) semiannual updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal an audit program to test for compliance review process for new or changed products with consumer protection laws, rules and servicesregulations; (f) procedures to ensure that exceptions noted in the audit reports are promptly corrected and responded to by the appropriate Bank personnel; andform on page 15 of the OCC's August 1996 Consumer Compliance Examination Overview Handbook, and any future legislative enactments governing the Bank's conduct toward its customers and potential customers. (g) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored ; and (h) periodic reporting of the results of the consumer compliance audit to each individual’s responsibilities and dutiesthe Board or a committee thereof. (23) Upon adoption, a copy of the alternate program shall be forwarded to the Assistant Deputy Comptroller for review. (34) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the any existing or alternate program developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty ninety (6090) daysdays of this Agreement, the Board shall review prepare and revise submit to the Bank’s Assistant Deputy Comptroller for a prior written determination of no supervisory objection a written, risk-based consumer compliance program and implement the revised program, and thereafter ensure adherence to the written program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall includeinclude at a minimum: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilityOfficer; (b) the establishment of employee and management accountability for noncompliance with relevant consumer laws, rules, and regulations; (c) revised policies and procedures to ensure they provide appropriate guidance regarding all relevant consumer protection laws, rules, and regulations, to include in particular, Regulation CC, the Servicemembers’ Civil Relief Act (“SCRA”), the TILA-RESPA Integrated Disclosure rule, and the Flood Disaster Protection Act; (d) timely updates of written policies and procedures to ensure they remain current; (e) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (cf) procedures to ensure customers are charged interest at their contractual rates, for providing customers with written notification of changes in their loans’ rates or terms, and for identifying and reimbursing customers who have been charged interest in excess of their contractual rates; (g) procedures to identify individuals to whom SCRA protections apply and to ensure repossessions and foreclosures are conducted in compliance with the requirements of the SCRA; (h) a policies formalized risk assessment process and procedures manual covering all applicable annual audit plan to use in determining the frequency and scope of ongoing compliance monitoring and audit; (i) a comprehensive independent audit program to adequately test for compliance with consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresregulations; (d) updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, to ensure the program remains current; (e) a formal compliance review process for new or changed products and services; (fj) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gk) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations; (l) procedures for the dissemination of changes in laws, with training tailored rules, regulations and OCC policy changes to each individual’s responsibilities and dutiesaffected Bank personnel; and (m) periodic reporting of the results of the consumer compliance audit to the Board or a committee thereof. (2) Upon adoption, a copy of After the program shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that OCC has advised the Bank has processes, personnel, and control systems to ensure implementation of and adherence that it does not take supervisory objection to the program developed pursuant to required by this Article, the Board shall immediately implement, and shall thereafter ensure adherence to its terms.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty ninety (6090) daysdays of this Agreement, the Board shall review prepare and revise submit to the Bank’s Assistant Deputy Comptroller for a prior written determination of no supervisory objection, a written, risk-based consumer compliance program and implement the revised program, and thereafter ensure adherence to the written program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall includeinclude at a minimum: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilityOfficer; (b) the establishment of employee and management accountability for noncompliance with relevant consumer laws, rules, and regulations; (c) revised policies and procedures to ensure they provide appropriate guidance regarding all relevant consumer protection laws, rules, and regulations, to include in particular, the Flood Disaster Protection Act; (d) timely updates of written policies and procedures to ensure they remain current; (e) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (cf) a policies formalized risk assessment process and procedures manual covering all applicable annual audit plan to use in determining the frequency and scope of ongoing compliance monitoring and audit; (g) a comprehensive independent audit program to adequately test for compliance with consumer protection laws, rules rules, and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresregulations; (d) updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, to ensure the program remains current; (e) a formal compliance review process for new or changed products and services; (fh) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gi) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules rules, and regulations; (j) procedures for the dissemination of changes in laws, with training tailored rules, regulations and OCC policy changes to each individual’s responsibilities and dutiesaffected Bank personnel; and (k) periodic reporting of the results of the consumer compliance audit to the Board or a committee thereof. (2) Upon adoption, a copy of After the program shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that OCC has advised the Bank has processes, personnel, and control systems to ensure implementation of and adherence that it does not take supervisory objection to the program developed pursuant to required by this Article, the Board shall immediately implement, and shall thereafter ensure adherence to its terms.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty (60) days, the Board shall review and revise the Bank’s consumer compliance program and implement the revised programreview, revise, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall include, but not be limited to: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in compliance officer (including any unrelated duties outside of the Compliance compliance area), which shall be appropriately tailored so that clearly define authority and accountabilitythe compliance officer has adequate time to oversee the consumer compliance program; (b) adequate internal and/or outsourced staffing and resources to support the compliance officer; (c) adequate internal controls to ensure appropriate Board and Management oversight of the Bank’s consumer compliance program and Bank compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (cd) the preparation of a policies and procedures manual manuals covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (de) updates of annual reviews to ensure that compliance staff has kept the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, to ensure the program remains current; (e) a formal compliance review process for new or changed products manual current and servicesreflective of changing regulatory requirements; (f) a risk-based audit program that timely and adequately tests for compliance with consumer protection laws, rules, and regulations; (g) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnelpersonnel in a timely manner; (h) periodic reporting of the results of the consumer compliance audit to the Board or a committee thereof; and (gi) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored to each individual’s responsibilities and duties. (2) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to this Article and the program programs developed pursuant to this Articleit.

CONSUMER COMPLIANCE PROGRAM. (1) Within thirty (30) days of this Agreement, the Board shall appoint or employ a qualified Compliance Officer who shall be responsible for ensuring the Bank complies with all applicable consumer protection laws, rules, and regulations. (2) Within sixty (60) daysdays of this Agreement, the Board shall review develop and revise submit to the Bank’s Assistant Deputy Comptroller for a prior written determination of no supervisory objection a written consumer compliance program and implement the revised program, and thereafter ensure adherence to the written program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall include, but not be limited to: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer Officer, who shall be responsible for monitoring regulatory changes and other key positions in the Compliance area, that clearly define authority and accountabilitycommunicating those changes to appropriate Bank personnel; (b) adequate internal controls the establishment of employee and management accountability for noncompliance with all applicable consumer protection laws, rules, and regulations; (c) revised policies and procedures to ensure compliance with they provide appropriate guidance regarding all applicable consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate complianceinclude in particular, the Real Estate Settlement Procedures Act, the Flood Disaster Protection Act, and the Servicemembers Civil Relief Act; (cd) a timely updates of written policies and procedures manual covering to ensure they remain current; (e) adequate internal controls and staffing to ensure compliance with all applicable consumer protection laws, rules rules, and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (d) updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, to ensure the program remains current; (e) a formal compliance review process for new or changed products and services; (f) a formalized risk assessment process and annual audit plan to use in determining the frequency and scope of ongoing compliance monitoring and audit; (g) a comprehensive independent audit program to adequately test for compliance with all applicable consumer protection laws, rules, and regulations; (h) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gi) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules rules, and regulations, with training tailored to each individual’s responsibilities and duties.; (2j) Upon adoptionprocedures for the dissemination of changes in laws, a copy rules, regulations and OCC policy changes to affected Bank personnel; and (k) periodic reporting of the program shall be forwarded results of the consumer compliance audit to the Assistant Deputy Comptroller for reviewBoard or a committee thereof. (3) The Upon receiving a written determination of no supervisory objection from the Assistant Deputy Comptroller, the Board shall immediately implement and thereafter ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Articleconsumer compliance program.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty one ninety (6090) days, the Board Bank shall review and revise the Bank’s consumer compliance program and implement the revised programadopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules and regulations. The This program shall include, but not be limited to: (a) a written descriptions of compliance policy and compliance program which defines individual responsibilities for administering and monitoring the duties bank’s compliance with consumer regulations as well as required reporting to senior management and responsibilities of the Compliance Officer BOD including compliance reviews and other key positions in the Compliance area, that clearly define authority and accountabilityrecommendation tracking; (b) adequate internal controls to ensure a structure for ongoing monitoring of the bank’s compliance with consumer protection laws, rules, regulations and regulations, including quality assurance reviews a detailed plan on the role of ICS or other vendor in the bank’s compliance framework. This includes designating a coordinator/liaison who will communicate ICS’s findings/recommendations to periodically evaluate compliancethe compliance committee; (c) a policies standardized, documented compliance training program to ensure employees are knowledgeable on regulatory requirements and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel keep abreast of changes in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresregulation; (d) annual updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current;current with respect to bank practice and regulatory requirements; and (e) regular reporting of significant issues affecting the bank’s compliance posture, including results of compliance monitoring efforts and compliance audits to the Board or a formal compliance review process for new or changed products and services; (f) procedures committee thereof. The frequency of reporting to ensure that exceptions noted in the audit reports are corrected and responded to by appropriate Bank personnel; and (g) an education and training program for all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored to each individual’s responsibilities and dutiesBoard should be at least quarterly. (2) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for reviewreview within ninety (90) days. (3) The Within ninety (90) days, the Board shall revise, implement, and thereafter ensure that Bank adherence to a written program of policies and procedures to ensure compliance with the Bank has processesSecrecy Act, personnelas amended (31 U.S.C. §§ 5311 - 5330), the regulations promulgated thereunder at 31 C.F.R. Part 103, as amended, and control systems 12 C.F.R. Part 21, Subparts B and C (collectively referred to ensure implementation as the Bank Secrecy Act). At a minimum, this written program shall establish: (a) a policy for high risk customer identification and ongoing monitoring. The policy should require periodic reaffirmation of a customer’s high risk status and adherence periodic formal reviews of the transaction activity of high risk customers; (b) procedures for periodic formal reviews/monitoring of transaction activity to be conducted for customers deemed high risk to identify unusual patterns of activity. The procedures shall be tailored to identify unusual or suspicious activity over longer periods of time for individual high risk customers and shall address all types of customer activity. The procedures shall require the maintenance of records showing evidence of the ongoing monitoring efforts along with its results. The frequency of the review should be no less than monthly but should be tailored to the bank’s risk profile; (c) account opening procedures that require the establishment of a customer profile including the normal and expected account activity for use in high risk monitoring activities; (4) Upon completion, a copy of this program developed pursuant shall be submitted to this Articlethe Assistant Deputy Comptroller for review. In the event the Assistant Deputy Comptroller recommends changes to the program, the Board shall immediately incorporate those changes into the program.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty (60) days, the Board Bank shall review and revise the Bank’s consumer compliance program and implement the revised programadopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules and regulations. The This program shall include, but not be limited to: (a) written descriptions of a plan to review and determine compliance with each consumer law and regulation during the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilitynext audit cycle; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) written description of the duties and responsibilities of the compliance officer; (d) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (de) semiannual (or more frequently, if needed) updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (ef) a formal compliance review process for new or changed products the assignment of specific laws and servicesregulations to responsible parties throughout the Bank; (fg) periodic, transaction-based, business unit self-monitoring practices; (h) an independent audit program to test for compliance with consumer protection laws, rules and regulations; (i) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gj) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored ; (k) a director education program; and (l) periodic reporting of the results of the consumer compliance business-unit self monitoring and audit to each individual’s responsibilities and dutiesthe Board or a committee thereof. (2) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for review. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty (60) daysdays of the date of this Agreement, the Board shall review and revise add, as necessary, sufficient staffing to ensure the Bank’s Bank complies with all applicable consumer compliance program laws and implement regulations. (2) Within sixty (60) days of the revised programdate of this Agreement, the Board shall adopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall includeinclude at a minimum: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilityofficer; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules rules, and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresresponsibilities and specifically tailored to your deposit and lending practices; (d) timely updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal formalized risk assessment process and annual audit plan to use in determining the frequency and scope of ongoing compliance review process for new or changed products monitoring and servicesaudit; (f) a comprehensive independent audit program to adequately test for compliance with consumer protection laws, rules and regulations; (g) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gh) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations; (i) procedures for the dissemination of changes in laws, with training tailored rules, regulations and OCC policy changes to each individual’s responsibilities and dutiesaffected Bank personnel; and (j) periodic reporting of the results of the consumer compliance audit to the Board or a committee thereof. (23) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for reviewa prior written determination of no supervisory objection. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty ninety (6090) daysdays of this Agreement, the Board shall review and revise the Bank’s consumer compliance program and implement the revised programadopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank is operating in compliance with all applicable consumer protection laws, rules rules, and regulations. The This program shall includeinclude at a minimum: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilityofficer; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules rules, and regulations for use by appropriate Bank personnel in the performance of their duties and responsibilities, which identifies employee accountability for required proceduresresponsibilities and specifically tailored to your deposit and lending practices; (d) timely updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal formalized risk assessment process and annual audit plan to use in determining the frequency and scope of ongoing compliance review process for new or changed products monitoring and servicesaudit; (f) a comprehensive independent audit program to adequately test for compliance with consumer protection laws, rules and regulations; (g) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank personnel; and; (gh) an the education and training program for of all appropriate Bank personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations; (i) procedures for the dissemination of changes in laws, with training tailored rules, regulations and OCC policy changes to each individual’s responsibilities and dutiesaffected Bank personnel; and (j) periodic reporting of the results of the consumer compliance audit to the Board or a committee thereof. (2) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for reviewComptroller. (3) The Board shall ensure that the Bank has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.

CONSUMER COMPLIANCE PROGRAM. (1) Within sixty ninety (6090) days, the Board shall review and revise the Bank’s consumer compliance program and implement the revised programadopt, implement, and thereafter ensure adherence to the a written consumer compliance program which shall be designed to ensure that the Bank Association is operating in compliance with all applicable consumer protection laws, rules and regulations. The This program shall include, but not be limited to: (a) a written descriptions description of the duties and responsibilities of the Compliance Officer and other key positions in the Compliance area, that clearly define authority and accountabilitycompliance officer; (b) adequate internal controls to ensure compliance with consumer protection laws, rules, and regulations, including quality assurance reviews to periodically evaluate compliance; (c) the preparation of a policies and procedures manual covering all applicable consumer protection laws, rules and regulations for use by appropriate Bank Association personnel in the performance of their duties and responsibilities, which identifies employee accountability for required procedures; (d) semiannual updates of the written policies and procedures at least semi-annually, or as required by more frequent changes in laws or regulations, manual to ensure the program it remains current; (e) a formal an audit program to test for compliance review process for new or changed products with consumer protection laws, rules and servicesregulations; (f) procedures to ensure that exceptions noted in the audit reports are corrected and responded to by the appropriate Bank Association personnel; and; (g) an the education and training program for of all appropriate Bank Association personnel in the requirements of all applicable federal and state consumer protection laws, rules and regulations, with training tailored ; and (h) periodic reporting of the results of the consumer compliance audit to each individual’s responsibilities and dutiesthe Board or a committee thereof. (2) In addition to the requirements in paragraph (1) of this Article, the Board shall adopt, implement, and thereafter ensure adherence to a written consumer compliance program designed to ensure that the Bank is operating in compliance with the Flood Disaster Protection Act (FDPA), 42 U.S.C. § 4001 – 4129 (as amended), 12 C.F.R. Part 22, including, but not limited to, procedures to: (a) ensure the maintenance of ongoing documentation to validate adherence with FDPA requirements at loan origination and throughout the life of the loan; (b) ensure loans in a special flood hazard area are appropriately identified and monitored for compliance with FDPA; (c) establish a timeframe for performing flood hazard area searches prior to closing, providing customers sufficient time to purchase necessary insurance; (d) establish requirements for when a flood notices must be sent; (e) establish a timeframe for force-placing flood insurance; and (f) provide for the provision and documentation of staff training. (3) Upon adoption, a copy of the program shall be forwarded to the Assistant Deputy Comptroller for review. (34) The Board shall ensure that the Bank Association has processes, personnel, and control systems to ensure implementation of and adherence to the program developed pursuant to this Article.