In particular, the proposal would allow banks to appeal a determination of compliance with an existing formal enforcement action and a determination to initiate an informal enforcement action. It would also modify when formal enforcement actions become unappealable and provide additional Supervision Appeals Review Committee appeal rights. Comments on the proposed changes will be due 60 days after publication in the Federal Register.
The agency reissued its 2011 financial institution letter reiterating the importance of open communication on exam findings and encouraging bankers to raise concerns with and provide feedback to examiners. It also issued a policy statement on supervisory recommendations that emphasized that informal supervisory conversations are not formal recommendations. The agency said,
Accordingly, informal communications should not be used to convey expectations of action by bank management and will not be tracked as part of the FDIC’s examination follow-up supervisory activities or at subsequent examinations.
ABA supports bipartisan exam fairness legislation in both houses of Congress that would provide an independent appeals option to financial institutions along with safeguards to protect against retaliation. The House bill, which passed the House Financial Services Committee last summer, currently has 73 co-sponsors, while the Senate version has 23.
View the proposed changes.
Read the revised FIL.
Read the policy statement.