Compliance Date Extension: Sections 328.4 and 328.5 Amendments to FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo Rule

Summary:

The Federal Deposit Insurance Corporation (FDIC) is extending the compliance date from March 1, 2026, to January 1, 2027, for the requirements under 12 CFR 328.5 to display the FDIC official digital sign on an insured depository institution’s (IDI’s) digital deposit-taking channels, as well as analogous requirements related to IDI’s automated teller machines (ATMs) and like devices under 12 CFR 328.4. This extension would align the compliance date with the FDIC’s proposal issued earlier this year that would make adjustments to those provisions. 

Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-insured financial institutions.

Highlights:

• On December 20, 2023, the FDIC adopted a final rule entitled “FDIC Official Signs and Advertising Requirements, False Advertising, Misrepresentation of Insured Status, and Misuse of the FDIC’s Name or Logo,” which, among other things, amended the FDIC’s official sign and advertising statement requirements for IDIs under part 328 subpart A. The amendments made by the final rule took effect on April 1, 2024, and initially required full compliance by January 1, 2025.
• On August 21, 2025, the FDIC issued a notice of proposed rulemaking seeking comment on a proposal that would amend the requirements of 12 CFR 328.4 and 328.5 to address identified implementation issues and potential consumer confusion. Under the proposal, the compliance date for the provisions being amended would be January 1, 2027.
• Today, the FDIC is extending the compliance date for 12 CFR 328.4 and 328.5 from March 1, 2026 to January 1, 2027. This extension aligns the compliance date with that in the proposal, and addresses concerns that IDIs would need to make investments in preparation for a March 1, 2026, compliance date at the same time the FDIC expects to amend those provisions through its pending rulemaking.
• This extension does not apply to the other amendments made by the final rule to subpart A. Compliance with those requirements was required by May 1, 2025.