12 C.F.R. § 37.8

Safety and soundness requirements

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A national bank must manage the risks associated with debt cancellation contracts and debt suspension agreements in accordance with safe and sound banking principles. Accordingly, a national bank must establish and maintain effective risk management and control processes over its debt cancellation contracts and debt suspension agreements. Such processes include appropriate recognition and financial reporting of income, expenses, assets and liabilities, and appropriate treatment of all expected and unexpected losses associated with the products. A bank also should assess the adequacy of its internal control and risk mitigation activities in view of the nature and scope of its debt cancellation contract and debt suspension agreement programs.

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: In re Capital One Derivative Shareholder Litigation
In re Capital One Derivative Shareholder Litigation (2013) vaed “rketing, sales, and retention practices, *778 the Bank engaged in “unfair and deceptive practices” under Sections 5 and 6 •of- the Federal Trade Commission Act 3 and that “by- failing to maintain effective risk management and control processes,” the Bank-violated 12 C.F.R. §…”
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