From:
William X. Smith
Executive Vice President
Community Bank of the Bay
Oakland, CA
Proposed FDIC Regulation
Policy Statement Regarding Minority-Owned Depository Institutions
[Written Comments requested on or
before March 4, 2002] |
Definitions
Minority - Black American, Asian American, Hispanic American or Native American.
(Question: What about multi-racial individuals, i.e., Black American and
German (Caucasian)
American?)
Ownership
1. 51% of voting stock owned by minority individuals - one minority group or a
group of minority individuals. Note: Non-U.S. citizens will not count for ownership
status. or
2. Majority of Board of Directors, account holders and the community the
institution serves are predominately minority, regardless of non-minority or non-U.S.
citizen ownership, for mutual, publicly traded or widely held institutions.
(Questions: a. Definition of "majority"?; b. definition of
"predominately"?; c. must all three (3) tests be met or will there be some
latitude in application?; (4) What safeguards will be put in place to prevent "straw
men" in reference to the Board of Directors?
Identification of Minority-Owned Institutions
FDIC will maintain a LIST of federally insured minority-owned institutions.
Examiners will review the accuracy of the LIST during the examination process for those
institutions examined by the FDIC.
Regional Office Case Managers will note changes to the LIST while processing deposit
insurance applications, merger applications, change of control notices or failures of
minority-owned institutions.
FDIC will work closely with other Federal regulatory agencies to insure that institutions
not directly supervised by the FDIC are accurately captured on the LIST.
Institutions may themselves request designation as minority-owned if they meet the
criteria; also, an institution may request not to be included on the LIST even if it
qualifies.
FDIC will periodically provide the LIST to and seek input on its accuracy from relevant
trade associations.
(Question: Will the criteria for minority-owned designation be the
same for institutions noted by other Federal regulatory agencies as that of the FDIC?)
Organizational Structure (for FDIC's minority-owned Institutions Program)
A National Coordinator in the Washington Office
A Regional Coordinator in each Regional Office
Case Managers specifically assigned in each Regional Office will continue to be the
institution's central point of contact.
Technical Assistance
Through designated Case Manager, institutions can obtain assistance in understanding
bank regulations, FDIC policies, examination procedures, the application process, etc.
After examinations, FDIC will offer to have representatives return to the institution
about 90 - 120 days later to review areas of concern or topics of interest to the
institution.
Training and Educational Programs
FDIC will work with / partner with trade associations representing minority-owned
institutions to assess the need for and provide training and educational opportunities to
the institutions.
(Question: Will FDIC assist in identifying appropriate (experience,
integrity, etc.) management and other personnel for minority-owned institutions?)
Failing Institutions
FDIC will provide notice of failing minority-owned institutions - and provide technical
assistance regarding the bid process - on a national basis to minority-owned institutions
that quality to bid on failing institutions.
FDIC will maintain a list of minority-owned institutions that have expressed an interest
in acquiring failing minority-owned institutions.
FDIC will periodically contact trade associations representing minority-owned institutions
(NBA, American League of Financial Institutions and North American Native Bankers
Association) to help identify possible interested parties in acquiring failing
minority-owned institutions.
(Question: Could FDIC also place minority-owned institutions that have
expressed an interest in acquiring appropriately sized failing non-minority-owned
financial institutions on its notification list?)
Reporting
FDIC's efforts to preserve and promote minority ownership of depository institutions
will be highlighted in the FDIC's Annual Report.
Internet Site
FDIC will create a Web page to promote the minority-owned institution program [will
include the name, phone number and e-mail address of the National Coordinator and each
Regional Coordinator].
The Web page will contain links to each minority-owned institution, pertinent trade
associations and other regulatory agency programs.
(Question: Could FDIC set up a password protected link within the Web
page so that prompt notification via e-mail could be made to minority-owned institutions
identifying failing institutions?)
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