Large-Bank Deposit Insurance Determination Modernization

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. Larger covered institutions would have to populate 26 mandatory data fields in the standardized formats in appendices C through G of 12 CFR part 360, including deposit type, account-level customer ownership, acco

Who is affected

• Insured depository institutions currently subject to 12 CFR part 370, estimated by the FDIC at 31 institutions as of March 31, 2026
• Large insured depository institutions with at least $2 billion in deposits and either 250,000 deposit accounts or $20 billion in total assets
• Larger covered institutions with at least $2 billion in deposits and two million or more deposit accounts, estimated by the FDIC at 29 institutions among current part 370 institutions
• Insured depository institutions currently subject to 12 CFR 360.9, estimated by the FDIC at 117 institutions

Related regulations

• 12 CFR part 370
• 12 CFR 360.9
• 12 CFR part 360 appendices C through G
• 12 CFR part 360 appendix I
• 12 CFR 330.5
• 12 CFR 330.7
• 12 CFR 330.10
• 12 CFR 330.12
• 12 CFR 330.14
• 12 CFR part 314