Summary:

The FDIC has adopted revised Guidelines for Appeals of Material Supervisory Determinations (Guidelines), which govern appeals by FDIC-supervised institutions to Division Directors and the Supervision Appeals Review Committee (SARC). The revised Guidelines expand the circumstances under which banks may appeal a material supervisory determination and enhance consistency with the appeals processes of other federal banking agencies. The revised Guidelines also include other limited technical and conforming amendments.

Statement of Applicability to Institutions with Total Assets under $1 Billion: This Financial Institution Letter applies to all FDIC-supervised depository institutions.

Highlights:

• On July 18, 2017, the FDIC adopted revised Guidelines for Appeals of Material Supervisory Determinations (Guidelines).
• The revised Guidelines expand the circumstances under which banks may appeal a material supervisory determination and enhance consistency with the appeals processes of the other federal banking agencies. Specifically, the revised Guidelines:
  • Permit the appeal of the level of compliance with an existing formal enforcement action, the decision to initiate an informal enforcement action, and matters requiring board attention;
  • Provide that a formal enforcement-related action or decision does not affect an appeal that is pending under the Guidelines;
  • Make additional opportunities for appeal available under the Guidelines in certain circumstances;
  • Provide for the publication of annual reports on Division Directors' decisions with respect to material supervisory determinations; and
  • Make other limited and conforming amendments.
• The FDIC is rescinding FIL-52-2016, entitled FDIC Seeks Comment on Bank Appeals Guidelines .
• The FDIC is also rescinding FIL-113-2004, entitled FDIC Appeals Processes .

Distribution:

• FDIC-Insured Depository Institutions

Suggested Routing:

• Chief Executive Officer
• Chief Financial Officer
• Compliance Officer

Paper copies of FDIC financial institution letters may be obtained through the FDIC's Public Information Center, 3501 Fairfax Drive, E-1002, Arlington, VA 22226 (1-877-275-3342 or 703-562-2200).