FDIC Regulatory Updates

Key dates

2026-11-04

The proposed rule was published in the Federal Register at 91 FR 69642.

2027-01-04 Deadline

Comments on RIN 3064-AG35 must be received by the FDIC.

2029-10-01

First proposed inflation-based adjustment to the section 360.9 covered-institution and larger-covered-institution thresholds.

Suggested considerations

• Affected banks should assess whether they meet the proposed covered-institution or larger-covered-institution thresholds using Call Report definitions and current deposit-account and asset data.
• Current part 370 institutions should map existing output files and deposit-account records against the 26 proposed mandatory fields in 12 CFR part 360 appendices C through G, identifying gaps in account title, ownership, relationship, beneficiary, domestic-versus-foreign, and other required data.
• Part 370 institutions should evaluate the effect of replacing their own deposit-insurance calculation systems with FDIC-calculation reliance, while preserving or redeveloping the provisional-hold capabilities required by proposed section 360.9.
• Larger covered institutions should inventory transactional accounts subject to the proposed account-holder contractual or disclosure requirement and determine which mortgage-servicer, fiduciary, real-estate, IOLTA, employee-benefit-plan, and trust-related accounts may be excluded.
• Compliance, operations, legal, and technology teams should review the proposed six-month implementation period for general requirements and 18-month period for provisional-hold requirements for institutions that are larger covered institutions on the final rule's effective date.
• Banks approaching the thresholds should establish monitoring for two consecutive quarters, the proposed 12-month implementation period after becoming a larger covered institution, and the proposed release mechanism after three consecutive quarters below the relevant threshold.
• Institutions should consider whether to submit comments by January 4, 2027, particularly on field-level data requirements, provisional-hold redevelopment, account-holder disclosures, transition timing, exemptions, and the CPI-W indexing methodology.
• Industry commentary indicates that the proposal is being read primarily as a burden-reduction measure for large banks, with estimated annual savings of approximately $33 million offset by approximately $14 million in transition costs; firms should nevertheless account for operational work associated with standardized data and provisional holds.

What changed

Proposed revised 12 CFR 360.9 would apply to insured depository institutions with at least $2 billion in deposits and either at least 250,000 deposit accounts or at least $20 billion in total assets, regardless of deposit-account count. A new category of larger covered institution would include institutions with at least $2 billion in deposits and two million or more deposit accounts. Part 370 institutions would generally become larger covered institutions under section 360.9, and would no longer need to operate systems capable of calculating deposit-insurance coverage themselves.

Key dates

2026-10-30

FDIC Board unanimously approved the Notice of Proposed Rulemaking by notational vote.

Suggested considerations

• Compliance teams should obtain and review the complete NPRM, including proposed amendments, definitions, scope thresholds, transition provisions, and the Federal Register comment deadline, because the bulletin itself contains only a high-level announcement.
• Firms should map each insured depository institution against the current applicability criteria in 12 CFR part 370 and 12 CFR 360.9, documenting deposit-account counts, domestic deposits, total assets, existing exemptions, certifications, and any voluntary compliance elections.
• Affected institutions should inventory overlapping deposit-insurance determination, depositor-record, provisional-hold, data-format, and reporting capabilities to identify systems that could potentially be consolidated if the proposal is finalized.
• Technology, operations, deposit administration, legal, resolution-planning, and third-party-risk teams should assess whether current data lineage, account ownership and capacity coding, reconciliation, testing, and FDIC access processes would satisfy a revised standardized-record framework.
• Firms should consider submitting comments on the operational feasibility, treatment of affiliates and mergers, transition periods, testing expectations, treatment of custodial and pass-through accounts, and whether any proposed relief would create gaps in failure-day data availability.
• Institutions should continue complying with currently effective 12 CFR part 370 and 12 CFR 360.9 requirements until a final rule becomes effective and any applicable transition period expires.

What changed

The FDIC has proposed amendments concerning the framework used by large insured depository institutions to maintain depositor records and support rapid deposit-insurance determinations. Based on the FDIC’s accompanying policy direction and independent industry commentary, the proposal would likely preserve standardized depositor-record and data-access requirements while reducing or eliminating the need for institutions subject to 12 CFR part 370 to maintain separate, independent deposit-insurance determination systems.

Key dates

2026-08-06

FDIC published the underlying proposed rule on extensions of credit to insiders in 91 FR 50730.

2026-10-05

Original comment-period closing date superseded by the extension.

2026-11-04 Deadline

Extended deadline for comments on the FDIC proposal under RIN 3064-AG26.

Suggested considerations

• Compliance teams may wish to review the August 6, 2026 proposal in 91 FR 50730 alongside the parallel Federal Reserve Regulation O proposal and identify differences affecting the institution's governance and lending processes.
• Affected institutions should consider submitting comments under RIN 3064-AG26 by November 4, 2026, particularly on the proposed $400,000 and $2 million thresholds, the interaction with the 5 percent statutory limitation, and the proposed five-year indexing methodology.
• Banks may wish to inventory current insider extensions of credit, board-approval events, exception controls, and related-party monitoring data to assess how the proposed thresholds would change approval volumes and control design.
• Compliance teams may wish to evaluate whether loan-origination, core-banking, employee-lending, board-reporting, and insider-identification systems can support revised thresholds and periodic indexed adjustments if the proposal is finalized.
• Institutions should continue applying the currently effective Federal Reserve Act requirements and existing 12 CFR 337 provisions until any final rule becomes effective; the comment-period extension does not change current compliance obligations.

What changed

The FDIC changed only the procedural deadline: the comment period originally scheduled to close October 5, 2026, now closes November 4, 2026. The underlying August 6, 2026 proposal remains unchanged and would increase the threshold for extensions of credit to executive officers not otherwise specifically authorized by section 22(g) of the Federal Reserve Act from $100,000 to $400,000.

Key dates

2026-08-27

The FDIC Board unanimously approved the final rule on unsafe or unsound practices and MRAs and the interim final rule on Road to Housing Act reciprocal deposits by notational vote.

Suggested considerations

• Compliance teams may wish to inventory open MRAs, supervisory recommendations, and section 8 enforcement matters and assess whether each matter satisfies the new material-harm, Deposit Insurance Fund risk, prudent-operation, or legal-violation criteria.
• Banks should consider mapping existing policies, procedures, reporting controls, documentation findings, and governance issues to the new distinction between MRAs, supervisory observations, and other violations, while retaining controls for matters that could affect capital, asset quality, earnings, liquidity, market-risk sensitivity, consumer outcomes, or receivership risk.
• Management and board committees may wish to prepare for examiner requests for the objective facts, risk analysis, and reasoning supporting any MRA or unsafe-or-unsound-practice conclusion, including evidence of how the bank assessed reasonably foreseeable conditions.
• Banks using reciprocal deposits should consider recalculating their permissible nonbrokered reciprocal-deposit capacity under the tiered liability formula and updating brokered-deposit classification, liquidity, deposit reporting, internal limits, and regulatory reporting controls.
• Potential agent institutions should verify their eligibility under the revised definition, including the applicable capital and examination-rating requirements and the broadened CAMELS-based criteria.
• Treasury, balance-sheet management, and deposit operations teams may wish to model the effect of the expanded reciprocal-deposit exclusion on funding concentration, liquidity stress assumptions, deposit pricing, and brokered-deposit monitoring.
• Legal and regulatory-affairs teams should monitor the Federal Register publication of both rules, confirm the effective dates, review any interim-final-rule comment opportunity, and determine whether implementation or comments are appropriate.
• Banks should consider reviewing examiner lookback requests and suspicious-activity review scopes against the related OCC examination guidance, which generally limits lookbacks involving failures to detect or report suspicious activity to one year or less unless heightened approval is obtained.

What changed

The final supervisory rule defines an unsafe or unsound practice as a practice, act, or failure to act that is contrary to generally accepted standards of prudent operation and that, if continued, is likely to materially harm the bank's financial condition or present a material risk of loss to the Deposit Insurance Fund, or that has materially harmed the bank's financial condition.

Key dates

2026-08-06

FDIC published the notice of proposed rulemaking in the Federal Register

2026-10-05 Deadline

Comments on the proposal must be received by the FDIC

Suggested considerations

• Compliance teams may wish to map current insider-lending policies against the proposed $400,000 and $2,000,000 thresholds to assess operational impact if finalized.
• Firms may wish to review board-approval workflows and escalation triggers so systems can be updated quickly if the proposal is adopted.
• Institutions may wish to evaluate whether existing exception reporting, insider tracking, and credit administration procedures will need revision to reflect periodic indexing rather than fixed thresholds.
• Commenters may wish to submit feedback by the October 5, 2026 comment deadline if the proposed thresholds or indexing methodology would create implementation issues.

What changed

The proposal amends 12 CFR 337.3 for extensions of credit to insiders of FDIC-supervised institutions. It would increase the threshold for certain extensions of credit to executive officers not otherwise specifically authorized by statute from $100,000 to $400,000, and it would increase the threshold for extensions of credit to insiders requiring prior approval by the board of directors from $500,000 to $2,000,000. The FDIC also proposes to establish an indexing methodology to periodically update those dollar thresholds over time.

Key dates

2026-07-31

Policy becomes effective for authorized financial services provided to persons or entities located in Venezuela

2027-01-29 Deadline

End of the stated commitment period for the agencies’ enforcement-policy non-action position

Suggested considerations

• Compliance teams may wish to confirm whether any Venezuela-related activity is specifically authorized under applicable OFAC sanctions licenses or other authorizations before relying on the policy.
• Institutions may wish to verify that their BSA/AML compliance program is currently in place and that they continue to make reasonable efforts to meet applicable BSA Requirements during the relief period.
• Firms may wish to review whether they have had a final BSA-related enforcement action by FinCEN or their primary federal regulator within the prior 24 months, as that would disqualify reliance on the commitment.
• Operational teams may wish to document the basis for treating transactions as covered authorized financial services in Venezuela and retain evidence supporting reliance on the enforcement-policy statement.

What changed

The agencies announced a temporary enforcement-policy commitment covering authorized financial services provided to persons or entities located in Venezuela from 2026-07-31 through 2027-01-29. During that period, the agencies state they will not take supervisory action, including citing a violation of law, or pursue an enforcement action against a supervised financial institution for BSA Requirement issues arising from such authorized services. The commitment applies only if the institution is currently compliant with an applicable BSA compliance program requirement and continues to make...

Key dates

2026-07-31

FDIC Board approved the two notices of proposed rulemaking by notational vote

Suggested considerations

• Compliance teams may wish to review the forthcoming NPRM text and accompanying Financial Institution Letter for specific amendments to CRA and insider-lending requirements.
• Banks may wish to map current CRA policies, monitoring, and documentation against the existing regulation to identify where process changes could be needed if the proposal is adopted.
• Institutions may wish to review insider-credit approval, reporting, and conflict-management controls so they can assess whether the proposal would require policy or system updates.
• Stakeholders may wish to monitor the comment period and prepare submissions if the proposals raise operational, prudential, or conduct concerns.

What changed

The Board approved a proposed update to the FDIC’s **Community Reinvestment Act regulations**, which may affect how covered institutions are evaluated for community reinvestment performance and related compliance expectations. The Board also approved a proposed rule on **extensions of credit to insiders**, indicating possible changes to the FDIC’s insider lending restrictions, governance controls, and related reporting or approval requirements.

Key dates

2026-07-16

FDIC, Federal Reserve Board, and OCC issued the joint statement on handling highly sensitive information during examinations

2026-07-16 Deadline

Affected banks must be notified of any potential or confirmed material data breach involving confidential supervisory information no later than 72 hours after discovery, unless legal restrictions apply

Suggested considerations

• Compliance teams may wish to review examination response procedures for materials that could be treated as highly sensitive, including technology diagrams, penetration test results, detailed control-weakness reports, and similar data.
• Banks may wish to establish an internal process for flagging sensitive examination materials to examiners and documenting the basis for the sensitivity designation.
• Firms may wish to confirm that exam-response playbooks address on-site review, direct-from-system access, redaction, and summarization options for especially sensitive documents.
• Compliance and information security teams may wish to ensure escalation paths are ready if examiners disagree about whether information should receive enhanced handling.
• Firms may wish to verify incident-response and supervisory-notification procedures can support rapid engagement if a material supervisory-information breach is suspected.

What changed

The agencies said they will use a coordinated approach to identify highly sensitive data and documents during examinations and will apply enhanced handling procedures to reduce cybersecurity risk while preserving examiner access. The statement says review may occur on-site rather than by transferring materials onto agency systems, and the agencies may use other protective methods such as direct digital review from the bank's own systems or review of redacted or summarized materials where appropriate.

Key dates

2026-06-08

CFPB issued the Statement on Ability To Repay and Immigration Status referenced by the agencies

2026-07-13

FDIC, OCC, and NCUA issued the interagency guidance on lending to individuals not legally authorized to work in the United States

Suggested considerations

• Compliance teams may wish to review underwriting standards to confirm that capacity-to-repay analysis captures employment-authorization-related income instability.
• Firms should consider whether credit policy, risk grading, and portfolio monitoring procedures explicitly address elevated repayment uncertainty for non-work-authorized borrowers.
• Institutions may wish to reassess documentation and verification controls for income, employment, and supporting records in light of the agencies' stated focus on safe-and-sound lending.
• Teams should consider whether fair-lending, TILA, and ECOA controls are aligned with the CFPB's June 8, 2026 statement and the interagency guidance.
• Risk and finance functions may wish to evaluate whether allowance, concentration risk, and credit-loss assumptions need updating where exposure to this borrower segment is material.

What changed

The publication does not create a new lending ban or a new standalone rule. Instead, it restates that institutions should identify, measure, monitor, and control the credit risks associated with borrowers who are not legally authorized to work in the United States through underwriting practices that assess willingness and capacity to repay according to the credit terms. The guidance specifically links this issue to the CFPB's June 8, 2026 Statement on Ability To Repay and Immigration Status and reminds creditors of obligations under the Truth in Lending Act as implemented by Regulation Z,...

Key dates

2026-06-25

FDIC Board met in open session and approved three notices of proposed rulemaking

Suggested considerations

• Compliance teams may wish to assess whether the institution would fall above the proposed resolution-submission threshold if raised to $100 billion in assets.
• Firms may wish to inventory current resolution-planning, interim supplement, and public-section processes to identify work that could be reduced or repurposed if the proposal is finalized.
• Assessment and finance teams may wish to model the impact of a $10 billion to $30 billion threshold change and any indexed future adjustments on deposit insurance assessments.
• Legal and information-governance teams may wish to review confidentiality-agreement templates and third-party-sharing controls in anticipation of broader permitted disclosure under Part 309.
• Institutions currently subject to FDIC resolution submissions may wish to monitor whether the proposed filing-cycle change to every three years alters internal preparation calendars and governance approvals.

What changed

The Board approved a notice of proposed rulemaking to revise resolution-submission requirements for covered insured depository institutions; secondary reporting indicates the proposal would raise the applicability threshold from $50 billion to $100 billion in total assets, move covered institutions to a three-year filing cycle, eliminate certain interim supplements and public sections, and remove a substantial portion of current narrative content requirements.

Key dates

2026-06-02

FDIC, OCC, and Federal Reserve jointly announced updates to certain interagency documents removing references to reputation risk

Suggested considerations

• Compliance teams may wish to inventory supervisory manuals, internal policies, and model examination references that still mention reputation risk and assess whether any language should be updated for consistency with the agencies’ approach.
• Firms should consider whether account-closure, onboarding, or risk-acceptance frameworks rely on reputation-risk concepts that may now be less aligned with supervisory expectations.
• Banks may wish to review escalation criteria and decision records to ensure they are grounded in material financial, operational, or legal risk factors rather than vague reputational concerns.
• Supervisory response teams may wish to brief relevant business lines on the agencies’ stated focus on financial risk and the agencies’ concern that reputation risk can be used to pressure restrictions on lawful customer activity.
• Compliance functions may wish to monitor whether additional interagency documents are revised in subsequent FDIC, OCC, or Federal Reserve publications.

What changed

The publication says the agencies updated certain interagency documents and removed references to reputation risk. The stated scope of the change is narrow: the agencies said the updates are limited to removing references to reputation risk, not to imposing new obligations on banks. The agencies also reiterated that reputation risk can be misused to pressure banks to restrict access to financial services based on constitutionally protected political or religious beliefs, speech, conduct, or lawful business activities.

Key dates

2026-05-22

FDIC and Federal Reserve Board approved joint agency feedback letters on the 2025 resolution plan submissions; Chairman Hill issued his statement

2026-06-01

Expected timeframe for the FDIC to propose amendments to the IDI Rule, described as coming in the following weeks

Suggested considerations

• Compliance and resolution-planning teams may wish to review the forthcoming FDIC IDI Rule proposal closely for potential changes to large-bank resolution expectations.
• Firms subject to Title I planning may wish to reassess prior resolution-plan assumptions, including any areas likely to be revisited through joint FDIC-Federal Reserve feedback.
• Large banking organizations may wish to map which existing resolution-related policies or internal playbooks could be affected if the FDIC rescinds or modifies current requirements.
• Teams may wish to monitor whether the FDIC and Federal Reserve Board signal changes to the structure, scope, or cadence of future Title I submissions and feedback letters.

What changed

The announcement does not create a new binding rule or immediate compliance deadline. Instead, it confirms supervisory feedback on the 2025 resolution plans for the eight U.S. GSIBs and 56 foreign-based firms and signals that the FDIC is actively reevaluating its resolution framework. Chairman Hill said the FDIC plans to propose amendments to the IDI Rule for large insured depository institutions in the coming weeks, is reviewing other resolution-related rules and policies, and expects to engage the Federal Reserve Board on reconsidering elements of the Title I resolution planning process.