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FDIC Updates Guidelines for Appealing Material Supervisory Determinations

The FDIC revised guidelines for the appeal of certain material supervisory determinations.

The revised guidelines, which became effective on July 18, 2017, are intended to "expand institutions' opportunities for appeal under certain circumstances and enhance consistency with the appeals process of the other Federal banking agencies." The revisions to the guidelines:

  • allow banks to appeal determinations regarding (i) an institution's level of compliance with an existing enforcement action, (ii) decisions to initiate enforcement actions, and (iii) matters requiring board attention;

  • preclude formal enforcement actions or decisions from having an impact on pending appeals;

  • allow additional appeal opportunities in certain circumstances; and

  • provide for annual reports regarding material supervisory determinations.

The guidelines also make certain corresponding technical changes.

Primary Sources

  1. FDIC Press Release: "FDIC Revises Supervisory Appeal Guidelines" (July 18, 2017)
  2. FDIC Summary of Amendments to Guidelines for Appeals of Material Supervisory Determinations
  3. FDIC Guidelines for Appeals of Material Supervisory Determinations (March 22, 2012)

Tags

Regulated Activities
Supervision / Compliance
Regulated Entities
Banking Entities Regulatory Agencies
Body of Law
Banking Law
Jurisdiction
US - Federal
Organization
US Banking Regulators
Sub-Author
FDIC