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The FDIC and the OCC have adopted a joint final rule that will prohibit the agencies from criticizing or taking adverse action against a financial institution based on reputation risk.  The rule is effective June 6.

The rule will also prohibit the agencies from “requiring, instructing, or encouraging an institution to close customer accounts or take other actions on the basis of a person or entity’s political, social, cultural, or religious views or beliefs, constitutionally protected speech, or solely on the basis of politically disfavored but lawful business activities perceived to present reputation risk,” according to a statement from the agencies.… Continue Reading

A bipartisan group of senators, led by Senate Banking, Housing and Urban Affairs ranking Democrat Sen. Elizabeth Warren of Massachusetts, has introduced legislation that would require the FDIC to claw back compensation from failed banks with assets of $10 billion or more.

“The bill would require the Federal Deposit Insurance Corporation (FDIC) to hold executives of large failed banks — like Silicon Valley Bank, which failed three years ago…— financially responsible for some of the costs those failures impose on the rest of the banking system and the economy,” Warren’s office said, in outlining the bill, S.… Continue Reading

The Federal Reserve is requesting comments on a proposal to remove reputation risk from the supervision of banks it oversees. Comments on the Fed proposal are due April 27, 2026.

“We have heard troubling cases of debanking—where supervisors use concerns about reputation risk to pressure financial institutions to debank customers because of their political views, religious beliefs, or involvement in disfavored but lawful businesses,” Vice Chair for Supervision Michelle W.… Continue Reading

In a move viewed favorably by FDIC-regulated institutions, the FDIC has approved amendments to the agency’s Guidelines for Appeals of Material Supervisory Determinations that were proposed back in July of 2025. A new supervisory appeals office will now establish review panels that include someone with bank supervisory experience and someone with industry experience.… Continue Reading

The FDIC has announced that its Consumer Compliance Examination Manual has been revised to reflect an updated examination schedule for financial institutions. As a result, agency consumer compliance examinations and Community Reinvestment Act (CRA) evaluations will occur less frequently for most institutions, according to the FDIC.

Institutions will generally be on an examination cycle of 66-78 months, 54-66 months, or 24-36 months, depending on the asset size of the institution and its Consumer Compliance Rating.… Continue Reading

The FDIC and the OCC have issued a Notice of Proposed Rulemaking that seeks to establish a standard definition for what constitutes an “unsafe or unsound practice.”

“Too often, examiners focus on a litany of process-related items that are unrelated to a bank’s current or future financial condition,” Acting FDIC Chairman Travis Hill said, in a statement outlining the NPRM, which was unanimously adopted by the agency board. … Continue Reading

As the government shutdown drags on, some financial services programs—particularly housing programs– are being affected.

The CFPB is funded through the Federal Reserve system, not through annual appropriations, and technically is still operating, although as we have reported previously many CFPB employees are not being permitted to work. (That CFPB funding mechanism was the subject of a Supreme Court case and the court found the funding system constitutional.)… Continue Reading

The FDIC and the OCC have approved the joint publication of a Notice of Proposed Rulemaking that would codify the removal of reputational risk from their supervisory programs.

“Examining for reputation risk can result in agency examiners implicitly or explicitly encouraging institutions to restrict access to banking services on the basis of examiners’ personal views of a group’s or individual’s political, social, cultural, or religious views or beliefs, constitutionally protected speech, or politically disfavored but lawful business activities,” the FDIC staff said, in a memo.… Continue Reading

On August 7, President Trump signed a landmark executive order, “Guaranteeing Fair Banking for All Americans.” This sweeping action prohibits financial institutions of any size from denying services to individuals or businesses based on political or religious beliefs, orientation, or lawful industry involvement.

The order is already being called one of the most consequential banking actions in years.… Continue Reading

Federal bank regulators have released a proposal to rescind the Community Reinvestment Act (CRA) final rule that was issued in October 2023.

The FDIC, OCC and the Federal Reserve Board said they would replace it with the CRA regulations that were issued in 1995 and are now in place, with certain technical amendments.… Continue Reading