In one of the first tests of the implications of the Jarkesy decision for other federal regulatory agencies, an individual accused by the FDIC of participating in fraudulent loan activity is asking a federal judge to dismiss the administrative proceeding the FDIC brought against him, contending, among other things, that he is being denied his right to a jury trial.… Continue Reading
FDIC
FDIC Releases Second Set of Q&As on Required Use of FDIC Logo
The FDIC has issued a revised list of Q&As concerning the agency’s new rule governing the use of the agency’s official sign.
The Q&As are a collection of the most frequently asked questions from stakeholders. The FDIC released its first list of Q&As in July; the agency’s said it will update them, as needed.… Continue Reading
Trade Groups Call on FDIC to Withdraw Brokered Deposit NPRM
A group of 11 financial services associations is calling on the FDIC to withdraw its notice of proposed rulemaking intended to strengthen the prudential protections of the agency’s safety and soundness rule for brokered deposits (12 CFR 337.6).
The agency, the groups wrote in a letter, has failed to justify the need for the rule.… Continue Reading
This Week’s Podcast: Why do Fintechs Want to Become Banks?
A great number of fintechs are contemplating owning a bank or obtaining a banking charter—either a national bank charter, a state bank charter or a special purpose charter. In this episode, we are joined by our special guest Michele Alt, co-founder and partner of Klaros Group, an investment and advisory firm, and Scott Coleman, a partner in our Consumer Financial Services Group who leads our banking practice.… Continue Reading
FDIC Seeking Comments on Industrial Bank Rule Changes
The FDIC is seeking comment on proposed changes to its regulation governing parent companies of industrial banks and industrial loan companies—Part 354 of the FDIC Rules and Regulations.
“The proposed amendments would revise part 354 to clarify and enhance the agency’s framework to supervise industrial banks, mitigate risks to the Deposit Insurance Fund, and provide necessary transparency for market participants,” the agency said, in outlining the proposed rule.… Continue Reading
FDIC Urges Financial Institutions to Complete Voluntary Diversity Self-Assessments
The FDIC is urging financial institutions it supervises to voluntarily submit self-assessments of their diversity policies and practices to the agency by Oct. 31, 2024.
The agency said that the self-assessment is not an examination requirement and that the results are not shared with examiners. The results also have no impact on an institution’s safety and soundness, its consumer compliance ratings or its Community Reinvestment Act performance evaluation, the agency said.… Continue Reading
FDIC Proposes Revisions to Brokered Deposits Rule
The FDIC board on July 30 approved a notice of proposed rulemaking intended to strengthen the prudential protections of the agency’s safety and soundness rule for brokered deposits (12 CFR 337.6).
The proposal would subject brokered deposits to heightened regulation as well as expand the definition of brokered deposits, including by eliminating certain exceptions to the rule.… Continue Reading
FDIC Seeking Comments on Including Uninsured Deposit Data on Call Reports
The FDIC board on July 30 agreed to request information on deposit data that currently is not reported in the Federal Financial Institutions Examination Council’s Call Reports—including data on uninsured deposits.
“Through this RFI, the FDIC is seeking information on characteristics that affect the stability and franchise value of different types of deposits to further evaluate whether and to what extent certain types of deposits may behave differently from each other, particularly during periods of economic or financial stress,” the agency said, in explaining its desire for the data.… Continue Reading
Banking Regulators Seek Comment on Third-Party Relationships with Financial Institutions
The federal banking regulators are seeking comment to better understand the relationship between financial institutions and third parties that work for them.
The OCC, Federal Reserve and FDIC “seek public comment to build on their understanding of these arrangements, including with respect to roles, risks, costs, and revenue allocation,” the agencies said.… Continue Reading
Regulators Outline Risks that Third-Party Servicers Pose to Banks
Banking regulators have issued a joint statement outlining the potential risks that financial institutions face in arrangements with third parties to deliver bank deposit products and services and examples of risk management practices to manage such potential risks.
The joint statement does not establish new expectations for financial institutions, the regulators said.… Continue Reading