The Federal Deposit Insurance Corporation (FDIC) is providing flexibility in the administration of the requirements in the FDICs Rules and Regulations for brokered deposit waivers (Section 303.243), main office and branch relocations (Section 303.45), and the appraisal requirements in Part 323 for institutions affected by Hurricanes Katrina and Rita.
Brokered Deposit Waivers for Adequately Capitalized Institutions
Section 29 of the FDIC Act prohibits an institution that is not well-capitalized from accepting funds for deposit obtained through a deposit broker. Adequately capitalized institutions must obtain waivers from the FDIC in order to accept brokered deposits. Section 303.243 (c) contains the waiver application requirements that include detailed market and financial information. The FDIC may modify the waiver filing requirements on a case-by-case basis when information is not available or other good cause for institutions affected by Hurricanes Katrina and Rita.
Main Office and Branch Relocations
Section 303.45 of the FDICs Rules and Regulations requires institutions to notify the FDIC of temporary relocations and re-designations, and submit a written application in emergency situations. The FDIC, on a case-by-case basis, may allow applications to be received through FDICconnect, electronic mail services, facsimile, and telephonic communication.
The FDIC and the other federal financial institution regulatory agencies have granted a waiver of their appraisal regulations for three years to institutions affected by Hurricanes Katrina and Rita. This appraisal waiver covers real estate-related transactions in certain Alabama, Mississippi, and Texas counties and Louisiana parishes. To qualify for the waiver, a financial institution needs to document that: (1) the property involved was directly affected by the major disaster or the transaction would facilitate recovery from the disaster; (2) there is a binding commitment to fund the transaction that is made within three years after the date the major disaster was declared; and (3) the value of the real property supports the institutions decision to enter into the transaction. When an institution decides to rely on the appraisal waiver for a particular real estate-related transaction, the institution should provide sufficient documentation in the loan file to support its credit decision and assessment of the collaterals value. Such exempted transactions will continue to be subject to examiner review. The order will be published in the Federal Register and posted on the FDICs Web site (www.fdic.gov).
For additional information about the listed regulations, please communicate with the contact person for your state.
||Christopher J. Spoth
Division of Supervision and Consumer Protection