FDIC issues NPRM on brokered deposits

Orrick, Herrington & Sutcliffe LLP
Contact

Orrick, Herrington & Sutcliffe LLP

On July 30, the FDIC released an NPRM that would provide restrictions, update definitions, and provide new exceptions to the rule on brokered deposits. The FDIC explained that these proposed amendments would simplify definitions, ensure uniform reporting, and strengthen the soundness of the banking system by ensuring lesser capitalized institutions will be “restricted from relying on brokered deposits to support risky, rapid growth.”

The proposed rule would amend the definition of “deposit broker” and revise the “primary purpose” exception to the “deposit broker” definition to consider the third party’s intent in placing funds at a particular institution. Additionally, the FDIC proposed eliminating the exclusive deposit placement arrangement exception and updating the application and notice processes for the primary purpose exception. Through the FDIC’s statistical analyses, the FDIC found a “general” correlation between a depository institution’s use of broker deposits and its probability of failure, resulting in what would be losses to the Deposit Insurance Fund. Comments on the NPRM must be received within 60 days of publication in the Federal Register. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Orrick, Herrington & Sutcliffe LLP

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide