Statutes and regulations

Notification of Engaging in Crypto-Related Activities

FDIC FIL-16-2022 · Federal · Agency guidance

FDIC Financial Institution Letters › Notification of Engaging in Crypto-Related Activities

person will have possession for purposes of security. … ssessory, a secured party with possession pursuant to “agreement” means that the “agreement” for possession has to be an agreement that the person will have possession for purposes of security.

Classification of Commercial Credit Exposures Notice for Public Comment on Interagency Proposal

FDIC FIL-22-2005 · Federal · Agency guidance

FDIC Financial Institution Letters › Classification of Commercial Credit Exposures Notice for Public Comment on Interagency Proposal

Special mention assets are not adversely classified and do not expose an institution to sufficient risk to warrant adverse classification. … Debtor-in-Possession Credit Facility: $100 debtor-in-possession (DIP) facility, $70 outstanding with $10 available $100 term loan Sources of Repayment: Primary: Cash flow from operations Secondary

Bank Secrecy Act Banco Delta Asia SARL – Subject of Primary Money Laundering Concern

FDIC FIL-96-2005 · Federal · Agency guidance

FDIC Financial Institution Letters › Bank Secrecy Act Banco Delta Asia SARL – Subject of Primary Money Laundering Concern

For example, in December 2004, Turkish officials arrested two North Korean diplomats in Turkey in possession of illegal drugs valued at $7 million. … Since first detected, the United States has taken possession of more than $45 million of these highly deceptive counterfeit notes.

Interagency Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts

FDIC FIL-36-2022 · Federal · Agency guidance

FDIC Financial Institution Letters › Interagency Policy Statement on Prudent Commercial Real Estate Loan Accommodations and Workouts

Even if not legally obligated, financially responsible sponsors are similar to guarantors in that they may also possess the financial capacity, the demonstrated willingness, and may have an incentive … Special Mention assets are not adversely classified and do not expose an institution to sufficient risk to warrant adverse classification.

LIMITED LIABILITY COMPANIES

FDIC FIL-106-2002 · Federal · Agency guidance

FDIC Financial Institution Letters › LIMITED LIABILITY COMPANIES

Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it * * *. … Furthermore, such an automatic termination, dissolution, or suspension feature would have a significantly adverse effect on the FDIC’s efforts to resolve failed institutions.

Adoption of Supervisory Guidance on Model Risk Management

FDIC FIL-22-2017 · Federal · Agency guidance

FDIC Financial Institution Letters › Adoption of Supervisory Guidance on Model Risk Management

The use of models invariably presents model risk, which is the potential for adverse consequences from decisions based on incorrect or misused model outputs and reports. … To accomplish this evaluation, internal audit staff should possess sufficient expertise in relevant modeling concepts as well as their use in particular business lines.

FDIC Final Rule Revises and Codifies Policy to Allow Greater Employment Opportunities for Individuals with Certain Minor Criminal Offenses on Their Records

FDIC FIL-72-2020 · Federal · Agency guidance

FDIC Financial Institution Letters › FDIC Final Rule Revises and Codifies Policy to Allow Greater Employment Opportunities for Individuals with Certain Minor Criminal Offenses on Their Records

Convictions or program entries for criminal offenses involving the simple possession of a controlled substance are not covered under section 19. … The notification shall state the basis for any decision of the Board of Directors or its designee that is adverse to the applicant.

DISCIPLINARY ACTIONS AGAINST ACCOUNTANTS PERFORMING SECTION 36 AUDIT SERVICES

FDIC FIL-1-2003 · Federal · Agency guidance

FDIC Financial Institution Letters › DISCIPLINARY ACTIONS AGAINST ACCOUNTANTS PERFORMING SECTION 36 AUDIT SERVICES

with less than $150 million in total assets, or (2) any bank holding company with a subsidiary insured state member bank with less than $150 million in total assets king will not have a significant adverse … The Office may require the applicant to submit additional information. , possession, commonwealth, or the District of Columbia.

Bank Secrecy Act Banco Delta Asia Sarl - Designation of Primary Money Laundering Concern

FDIC FIL-30-2007 · Federal · Agency guidance

FDIC Financial Institution Letters › Bank Secrecy Act Banco Delta Asia Sarl - Designation of Primary Money Laundering Concern

extent that the bank’s former management is permanently replaced, we note that the former chief executive officer and chairman of the board is also the controlling owner of the bank and would still possess … Thus, the imposition of the fifth special measure against Banco Delta Asia will not have a significant adverse systemic impact on the international payment, clearance, and settlement system.

Inactive: Interagency Webinar on the Statement on Loan Modifications and Reporting for Institutions Working with Customers Affected by the Coronavirus

FDIC FIL-24-2020 · Federal · Agency guidance

FDIC Financial Institution Letters › Inactive: Interagency Webinar on the Statement on Loan Modifications and Reporting for Institutions Working with Customers Affected by the Coronavirus

Examiners will exercise judgment in reviewing loan modifications, and will not automatically adversely risk rate credits that are affected by COVID-19. … The FDIC encourages financial institutions to work prudently with borrowers adversely affected by the COVID-19 emergency.

Inactive: Banker Webinar: Loan Forgiveness and Other Matters Relative to the Paycheck Protection Program

FDIC FIL-77-2020 · Federal · Agency guidance

FDIC Financial Institution Letters › Inactive: Banker Webinar: Loan Forgiveness and Other Matters Relative to the Paycheck Protection Program

Examiners will exercise judgment in reviewing loan modifications, and will not automatically adversely risk rate credits that are affected by COVID-19. … The FDIC encourages financial institutions to work prudently with borrowers adversely affected by the COVID-19 emergency.

DISCIPLINARY ACTIONS AGAINST ACCOUNTANTS PERFORMING SECTION 36 AUDIT SERVICES

FDIC FIL-66-2003 · Federal · Agency guidance

FDIC Financial Institution Letters › DISCIPLINARY ACTIONS AGAINST ACCOUNTANTS PERFORMING SECTION 36 AUDIT SERVICES

Board: Pursuant to section 605(b) of the RFA, 5 U.S.C. 605(b), the Board certifies that the suspension and debarment amendments in this final rulemaking will not have a significant adverse economic … with less than $150 million in total assets, or (2) any bank holding company with a subsidiary insured state member bank with less than $150 million in total assets king will not have a significant adverse

FILING PROCEDURES

FDIC FIL-67-2003 · Federal · Agency guidance

FDIC Financial Institution Letters › FILING PROCEDURES

institution holding companies or institution-affiliated parties making requests for such payments often overlook the requirement that a party submitting such an application demonstrate that it does not possess … is made, that the institution-affiliated party who is to benefit from a golden parachute or severance plan engaged in any breach of fiduciary duty or other misconduct that would have a material adverse

ALLOWANCE FOR LOAN AND LEASE LOSSES

FDIC FIL-60-2000 · Federal · Agency guidance

FDIC Financial Institution Letters › ALLOWANCE FOR LOAN AND LEASE LOSSES

party inspection of the collateral (4) Historical losses on similar loans (5) Confidence in the bank’s lien or security position including appropriate: (a) Type of security perfection (e.g., physical possession … Begin Text Box—Illustration (Interaction of FAS 114 With an Adversely Classified Loan, Partial Charge-Off, and the Overall ALLL): An institution determined that a collateral dependent loan, which it identified

Stored Value Cards

FDIC FIL-44-2004 · Federal · Agency guidance

FDIC Financial Institution Letters › Stored Value Cards

The cardholders might or might not possess the ability to reload their cards. The possibilities are numerous. … The cardholders might or might not possess the ability to reload their cards. The possibilities are numerous.

DEPOSITORY INSTITUTION REPORTS

FDIC FIL-1-2014 · Federal · Agency guidance

FDIC Financial Institution Letters › DEPOSITORY INSTITUTION REPORTS

position’s exit price would be for an entity to migrate from a mid-market pricing convention to using a price within the bid-ask spread that is more advantageous to the entity to offset the impact of adverse … more in total assets should ensure that the amount reported for “Estimated amount of uninsured deposits (in domestic offices of the bank and in insured branches in Puerto Rico and U.S. territories and possessions

FAIR CREDIT REPORTING ACT

FDIC FIL-71-2000 · Federal · Agency guidance

FDIC Financial Institution Letters › FAIR CREDIT REPORTING ACT

Certain institutions that possess medical information about consumers may be covered by these regulations, the GLBA privacy regulations, and rules promulgated by the Department of Health and Human Services … A bank discriminates against an applicant if it: (1) Denies the applicant credit because the applicant opts out; (2) Varies the terms of credit adversely to the applicant such as by providing less favorable

Guidance on Identifying, Accepting, and Reporting Brokered Deposits

FDIC FIL-2-2015 · Federal · Agency guidance

FDIC Financial Institution Letters › Guidance on Identifying, Accepting, and Reporting Brokered Deposits

to possessing interests in specific deposits. … Significant exposure, particularly if the institution’s financial condition is deteriorating, may adversely affect the examiner’s overall assessment.

Industry Call Regarding Guidance on Identifying, Accepting, and Reporting Brokered Deposits

FDIC FIL-17-2015 · Federal · Agency guidance

FDIC Financial Institution Letters › Industry Call Regarding Guidance on Identifying, Accepting, and Reporting Brokered Deposits

to possessing interests in specific deposits. … Significant exposure, particularly if the institution’s financial condition is deteriorating, may adversely affect the examiner’s overall assessment.

FDIC Seeking Comment on Frequently Asked Questions Regarding Identifying, Accepting, and Reporting Brokered Deposits

FDIC FIL-51-2015 · Federal · Agency guidance

FDIC Financial Institution Letters › FDIC Seeking Comment on Frequently Asked Questions Regarding Identifying, Accepting, and Reporting Brokered Deposits

to possessing interests in specific deposits. … Significant exposure, particularly if the institution’s financial condition is deteriorating, may adversely affect the examiner’s overall assessment.