Section 19 Application Instructions

Section 19 of the Federal Deposit Insurance Act prohibits individuals that are convicted of certain criminal offenses from participating in the affairs of an insured depository institution without the written consent of the FDIC.  Individuals or banks can seek the FDIC’s written consent by filing Section 19 Application Form 6710/07, Application Pursuant to Section 19 of the Federal Deposit Insurance Act.  This form distinguishes between applications that are bank-sponsored and applications that are for individual waivers.

Section 19 Application Form 6710/07  (PDF Help)

On December 23, 2022, the Fair Hiring in Banking Act (Act), was signed into law and became immediately effective. The Act provides significant amendments to Section 19 of the Federal Deposit Insurance Act (12 U.S.C. § 1829) (Section 19). The FDIC is in process of updating its application form, industry guidance, and implementing regulations to reflect the recent amendments.

On November 14, 2023, the FDIC issued a Notice of Proposed Rulemaking (NPR) that would revise 12 C.F.R. part 303, subpart L, and part 308, subpart M, thereby updating the FDIC’s regulations concerning section 19 of the Federal Deposit Insurance Act to conform with the Act. Comments on the proposal must be received on or before January 16, 2024. Items listed below include a link to Financial Institution Letter (FIL) 57-2023, which contains a summary of the proposed changes and a link to the November 14, 2023 Federal Register publication of the NPR.

FIL-57-2023 - Notice of Proposed Rulemaking to Revise FDIC Regulations Concerning Section 19 of the Federal Deposit Insurance Act

November 14, 2023 Federal Register

FIL-09-2023 - Fair Hiring in Banking Act Amends Section 19 of the Federal Deposit Insurance Act
 

In addition to completing Form 6710/07, applicants must contact the appropriate FDIC regional or area office to request supplemental materials that must be completed and submitted with the completed application form.  These supplemental materials are not available on the FDIC website or electronically (e.g., fingerprint cards), and will be mailed to the applicant by the appropriate regional or area office.

Appropriate FDIC office listings are located on page 1 of Form 6710/07.  Also, each FDIC regional or area office has Section 19 contacts available to answer questions about the application process.  An applicant must file with the appropriate FDIC office for the application to be processed.  The appropriate FDIC office is determined by the applicant’s current state or territory of residence, and not by the state where the conviction or prosecution occurred. Failure to submit all required information (application and supplemental materials) to the appropriate FDIC office will delay the processing of your application.

Applicants are strongly encouraged to contact the appropriate FDIC office before submitting a Section 19 application for consideration. Please refer to the list below.