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FDIC Board Approves Rotten Rule for Industrial Banks, Washington DC, 2024

The Federal Deposit Insurance Corporation (FDIC) Board of Directors has approved a notice of proposed rulemaking to amend part 354 of the FDIC Rules and Regulations governing parent companies of industrial banks and industrial loan companies.

The proposed rule, which was approved on July 30, 2024, aims 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.

Under the proposed amendments, the FDIC would consider additional criteria when assessing the risks presented to an industrial bank by its parent organization, including the shell or captive nature of an industrial bank, and its ability to meet the convenience and needs of the communities in which it does business.

The proposed rule would also clarify the relationship between written commitments and the FDIC’s evaluation of the statutory factors applicable to an industrial bank filing.

Furthermore, the proposed rule would revise the scope of part 354 to include conversions involving a proposed industrial bank under section 5 of the Home Owners’ Loan Act or other transactions as determined by the FDIC.

Public comments on the proposal are due 60 days after publication in the Federal Register, marking the beginning of a potentially contentious debate over the regulation of industrial banks.

The FDIC’s move is seen as an attempt to strengthen oversight of industrial banks, which have been criticized for their lack of transparency and accountability. Critics argue that the proposed rule does not go far enough in addressing the risks posed by these institutions.

Supporters of the proposed rule argue that it would provide necessary clarity and guidance for market participants, reducing the risk of regulatory uncertainty and promoting a more stable financial system.

The proposed rule is the latest in a series of efforts by the FDIC to strengthen oversight of industrial banks, following a string of high-profile failures in recent years.

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