News & Analysis as of

Banking Sector Federal Deposit Insurance Corporation

Orrick, Herrington & Sutcliffe LLP

FDIC issues list of banks examined for CRA compliance

On September 4, the FDIC released its latest evaluations of state nonmember banks for compliance under the CRA. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 requires public disclosure of...more

Orrick, Herrington & Sutcliffe LLP

FDIC sunsets its FFIEC Cybersecurity Assessment Tool

On September 5, the FFIEC announced the sunsetting of the Cybersecurity Assessment Tool (CAT) on August 31, 2025. The CAT, introduced in June 2015, was a voluntary tool designed to help financial institutions identify...more

Venable LLP

Custody Battles: The FDIC's Latest Proposed Rule on FBO Accounts

Venable LLP on

The FDIC has issued a proposed rule that would apply to practically all bank-fintech arrangements that use custodial deposit accounts to provide customers with transactional features (also called "FBO" accounts for short)....more

Orrick, Herrington & Sutcliffe LLP

FDIC releases seven enforcement actions for June and July 2024

On August 30, the FDIC released a list of seven administrative enforcement actions taken against banks and individuals in June and July. The public orders comprised six safety and soundness orders, two of which were consent...more

Orrick, Herrington & Sutcliffe LLP

Suit against FDIC argues the agency is “unconstitutional” and violates Jarkesy

Recently, the U.S. District Court for the District of Columbia received a complaint from an individual plaintiff suing the FDIC, its heads, board members and an administrative law judge (ALJ) for allegedly subjecting the...more

Orrick, Herrington & Sutcliffe LLP

FDIC announces updates to its examination handbook

On August 29, the FDIC announced that the Federal Financial Institutions Examination Council (FFIEC) updated its examination handbook. These updates revised specific parts and renamed it from the “Development and Acquisition”...more

Latham & Watkins LLP

FDIC Proposes to Revise Brokered Deposit Regulations

Latham & Watkins LLP on

The proposal would make key changes to the definition of “deposit broker” with significant ramifications for banks, fintechs, bank-fintech partnerships, and other third parties in the financial services industry....more

Pillsbury - Global Sourcing Practice

U.S. Financial Regulators Continue Focus on Bank-Fintech Partnerships through Guidance and Request for Information

On July 25, 2024, the Board of Governors of the Federal Reserve System (FRB), Federal Deposit Insurance Corporation (FDIC) and Office of the Comptroller of the Currency (OCC) issued a joint statement describing potential...more

Paul Hastings LLP

Daily Financial Regulation Update -- Thursday September 5

Paul Hastings LLP on

September 4, 2024- The Federal Reserve Bank of New York published a Liberty Street Economics blog post entitled “AI and the Labor Market: Will Firms Hire, Fire, or Retrain?” September 4, 2024- The Bank Policy Institute...more

Cooley LLP

FDIC’s Proposed Brokered Deposit Rule Could Adversely Impact Fintech-Bank Partnerships

Cooley LLP on

In late July 2024, the Federal Deposit Insurance Corporation (FDIC) board of directors proposed a rule that would revise its standards on banks accepting brokered deposits. The proposed rule would expand the definition of...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases Q&As on part 328 advertising rule

On August 16, the FDIC released a series of Q&As to provide clarifying information to stakeholders’ compliance with the FDIC’s recent amendments to its rule governing FDIC official sign and advertising requirements, including...more

K&L Gates LLP

FDIC Proposes Expanding Change in Bank Control Act Reviews Aimed at Asset Managers

K&L Gates LLP on

Executive Summary - Last month, the Federal Deposit Insurance Corporation (FDIC) Board of Directors (FDIC Board) proposed an amendment to its regulations under the Change in Bank Control Act of 1978 (CBCA). Driven by the...more

Orrick, Herrington & Sutcliffe LLP

FDIC clarifies Interactive Teller Machine classification

On August 9, the FDIC published a financial institution letter titled “Classification of Interactive Teller Machines as Domestic Branches or Remote Service Units,” applicable to all FDIC-supervised state nonmember banks. FDI...more

Mayer Brown

FDIC Issues Narrow Interpretation of ATM Exception in Definition of Domestic Branch

Mayer Brown on

On August 9, 2024, the US Federal Deposit Insurance Corporation (FDIC) issued an interpretation of the exclusion of automated teller machines (ATMs) and remote service units (RSUs) from the definition of a domestic branch....more

Orrick, Herrington & Sutcliffe LLP

Financial agencies propose rules to standardize data collections

On August 2, the OCC, Fed, FDIC, NCUA, CFPB, FHFA, CFTC, SEC and Treasury (collectively, the agencies) released an interagency NPRM to establish data standards across these agencies for “certain collections of information...more

Orrick, Herrington & Sutcliffe LLP

FDIC proposes CBCA amendments, requests comments

On July 30, the FDIC released its NPRM and request for comment to amend the regulations under the Change in Bank Control Act (CBCA) regarding advance notice requirements for certain acquisitions of voting securities of...more

Orrick, Herrington & Sutcliffe LLP

FDIC, Fed approve final resolution planning guidance

On July 30, the Fed and the FDIC published final guidance to enhance resolution planning at large banks. The guidance aims to assist certain larger financial institutions in developing their resolution plans, which are...more

Orrick, Herrington & Sutcliffe LLP

FDIC announces its CRA evaluations since May

On August 5, the FDIC released an updated list of banks evaluated for compliance with the CRA in May, June, July and August. In May, the FDIC disclosed a list of evaluations of 56 banks, of which two were rated “outstanding,”...more

Cadwalader, Wickersham & Taft LLP

FDIC Proposes To Exercise Now-Dormant Authority Under the Change-in-Bank Control Act

The board of directors of the Federal Deposit Insurance Corporation (“FDIC”) recently proposed a rule change that would reassert its now-dormant authority to review changes in bank control involving bank holding companies....more

Paul Hastings LLP

Daily Financial Regulation Update -- Friday August 9

Paul Hastings LLP on

August 8, 2024- The Federal Reserve and U.S. Treasury did not intervene in foreign exchange markets during the April – June 2024 quarter, the Federal Reserve Bank of New York said in its quarterly report to the U.S....more

Alston & Bird

Regulators Focus on Bank-Fintech Arrangements

Alston & Bird on

Through joint guidance and an information request, federal bank regulators underscored banks’ compliance responsibilities in their banking-as-a-service (BaaS) relationships with third parties. Our Financial Services Team...more

Latham & Watkins LLP

FDIC Proposes Amendments to Its Change in Bank Control Act Regulations

Latham & Watkins LLP on

The proposal would establish stricter oversight of certain transactions and responds to concerns that large asset managers may be exerting influence on FDIC-supervised institutions. On July 30, 2024, the Board of...more

Orrick, Herrington & Sutcliffe LLP

FDIC’s Hill discusses banking challenges and FDIC proposals

On July 24, FDIC Vice Chairman Travis Hill addressed changes at the FDIC during the past 18 months. Hill discussed challenges the Federal Reserve faced in providing bank liquidity due to banks’ unwillingness or inability to...more

Orrick, Herrington & Sutcliffe LLP

FDIC issues NPRM on brokered deposits

On July 30, the FDIC released an NPRM that would provide restrictions, update definitions, and provide new exceptions to the rule on brokered deposits. The FDIC explained that these proposed amendments would simplify...more

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