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FDIC Law, Regulations, Related Acts

1000 - Federal Deposit Insurance Act

Last Updated: February 9, 2023

SEC. 1. Federal Deposit Insurance Corporation
SEC. 2. Management
SEC. 3. Definitions

(a) Definitions of bank and related terms
(b) Definitions of savings associations and related terms
(c) Definitions relating to depository institutions
(d) Definitions relating to member banks
(e) Definitions relating to nonmember banks
(f) Mutual savings bank
(g) Savings bank
(h) Insured bank
(i) New depository institution and bridge depository institution defined
(j) Receiver
(k) Board of Directors
(l) Deposit
(m) Insured deposit
(n) Transferred deposit
(o) Domestic branch
(p) Trust funds
(q) Appropriate Federal banking agency
(r) State bank supervisor
(s) Definitions relating to foreign banks and branches
(t) Includes, including
(u) Institution-affiliated party
(v) Violation
(w) Definitions relating to affiliates of depository institutions
(x) Definitions relating to default
(y) Definitions relating to deposit insurance fund
(z) Federal banking agency

SEC. 4. Insured depository institutions
SEC. 5. Deposit Insurance
SEC. 6. Factors to be considered

SEC. 7. Assessments

(a) Reports of condition; access to reports
(b) Assessments
(c) Certified statements; payments
(d) Corporation exempt from apportionment
(e) Refunds, dividends, and credits
(f) Action against depository institutions failing to file certified statements
(g) Assessment actions
(h) Forfeiture of rights for failure to comply with law
(i) Insurance of trust funds
(j) Change in control of insured depository institutions
(k) Federal banking agency rules and regulations for reports and public disclosure by banks of extension of credit to executive officers or principal shareholders or the related interests of such persons
(l) Designation of fund membership for newly insured depository institutions; definitions
(m) Secondary reserve offsets against premiums
(n) Collections on behalf of Comptroller of the Currency

SEC. 8. Termination of status as insured depository institution

(a) Termination of insurance
(b) Cease-and-desist proceedings
(c) Temporary cease-and-desist orders
(d) Temporary cease-and-desist orders; enforcement
(e) Removal and prohibition authority
(f) Stay of suspension and/or prohibition of institution-affiliated party
(g) Suspension, removal, and prohibition from participation orders in the case of certain criminal offenses
(h) Hearings and judicial review
(i) Jurisdiction and enforcement; penalty
(j) Criminal penalty
(k) [Repealed]
(l) Notice of service
(m) Notice to State authorities
(n) Ancillary provisions; subpoena power, etc.
(o) Termination of membership of State bank in Federal Reserve System
(p) Banks not receiving deposits
(q) Assumption of liabilities
(r) Action or proceeding against foreign bank; basis; removal of officer or other person; venue; service of process
(s) Compliance with monetary transaction recordkeeping and report requirements
(t) Authority of FDIC to take enforcement action against insured depository institutions and institution-affiliated parties
(u) Public disclosures of final orders and agreements
(v) Foreign investigations
(w) Termination of insurance for money laundering or cash transaction reporting offenses

SEC. 9. Corporate Powers
SEC. 10. Administration of Corporation
SEC. 10A. Examination of investment companies
SEC. 11. Insurance Funds

(a) Deposit insurance
(b) Liquidation as closing of depository institution
(c) Appointment of Corporation as conservator or receiver
(d) Powers and duties of Corporation as conservator or receiver
(e) Provisions relating to contracts entered into before appointment of conservator or receiver
(f) Payment of insured deposits
(g) Subrogation of Corporation
(h) Conditions applicable to resolution proceedings
(i) Valuation of claims in default
(j) Limitation on court action
(k) Liability of directors and officers
(l) Damages
(m) New depository institutions
(n) Bridge depository institutions
(o) Supervisory records
(p) Certain sales of assets prohibited
(q) Expedited procedures for certain claims
(r) Foreign investigations
(s) Prohibition on entering secrecy agreements and protective orders
(t) Agencies may share information without waiving privilege
(u) Purchase rights of tenants
(v) Preference for sales for homeless families
(w) Preferences for sales of certain commercial real properties

SEC. 11A. FSLIC Resolution Fund
SEC. 12. Corporation as receiver
SEC. 13. Corporation monies
SEC. 14. Borrowing authority
SEC. 15. Issuance of notes, debentures, bonds, and other obligations; exemption
SEC. 16. Forms of obligations; preparation by Secretary of the Treasury

SEC. 17. Reports by corporation; audit of financial transactions; report on audits; employment of certified public accountants for audits
SEC. 18. Regulations governing insured depository institutions

(a) Representations of deposit insurance
(b) Payment of dividends by defaulting depository institution
(c) Merger transactions; consent of banking agencies; emergency approval; notice; uniform standards; antitrust actions; review de novo; limitations; report to Congress; money laundering; applicability
(d) Branch banks
(e) Indemnity insurance
(f) Publication of reports
(g) [Repealed]
(h) Penalty for failure to timely pay assessments
(i) Reduction or retirement of capital stock, notes, or debentures; conversion of insured Federal depository institutions to insured State banks or noninsured institutions; consent of banking agencies; applicability
(j) Restrictions on transactions with affiliates and insiders
(k) Authority to regulate or prohibit certain forms of benefits to institution- affiliated parties
(l) Acquisition of foreign banks or entities
(m) Activities of savings associations and their subsidiaries
(n) Calculation of Capital
(o) Real estate lending
(p) Periodic review of capital standards
(q) Sovereign risk
(r) Subsidiary depository institutions as agents for certain affiliates
(s) Prohibition on certain affiliations
(t) Recordkeeping requirements
(u) Limitation on claims
(v) Loans by insured institutions on their own stock
(w) Written employment references may contain suspicions of involvement in illegal activity
(x) Privileges not affected by disclosure to banking agency or supervisor
(y) State lending limit treatment of derivatives transactions
(z) General prohibition on sale of assets
(aa) Treatment of certain municipal obligations.

SEC. 18a. Prudential safeguards
SEC. 18b. Interagency data sharing
SEC. 19. Penalty for unauthorized participation by convicted individual
SEC. 20. Participation by State nonmember insured banks in lotteries and related activities.
SEC. 21. Retention of records by insured depository institutions
SEC. 22. Nondiscrimination

SEC. 23. Separability of certain provisions of this chapter

SEC. 24. Activities of insured state banks
SEC. 25. Disclosures with respect to certain federally related mortgage loans
SEC. 26. Assuring consistent oversight of subsidiaries of holding companies
SEC. 27. State-chartered insured depository institutions and insured branches of foreign Banks
SEC. 28. Activities of savings associations
SEC. 29. Brokered deposits
SEC. 30. Contracts between depository institutions and persons providing goods, products, or services
SEC. 32. Agency disapproval of directors and senior executive officers of insured depository institution holding companies
SEC. 33. Depository institution employee protection remedy
SEC. 34. Reward for information leading to recoveries or civil penalties
SEC. 35 Coordination of risk analysis between SEC and Federal banking agencies

SEC. 36. Early identification of needed improvements in financial management
SEC. 36A. Reports of information regarding safety and soundness of depository institutions
SEC. 37. Accounting objectives, standards, and requirements
SEC. 38. Prompt corrective action

(a) Resolving problems to protect Deposit Insurance Funds
(b) Definitions
(c) Capital standards
(d) Provisions applicable to all institutions
(e) Provisions applicable to undercapitalized institutions
(f) Provisions applicable to significantly undercapitalized institutions and undercapitalized institutions that fail to submit and implement capital restoration plans
(g) More stringent treatment based on other supervisory criteria
(h) Provisions applicable to critically undercapitalized institutions
(i) Restricting activities of critically undercapitalized institutions
(j) Certain government-controlled institutions exempted
(k) Reviews required when Deposit Insurance Fund incurs losses
(l) Implementation
(m) Other authority not affected
(n) Administrative review of dismissal orders
(o) Transition rules for savings associations

SEC. 38A. Source of strength
SEC. 39. Standards for safety and soundness
SEC. 40. FDIC affordable housing program
SEC. 41. Payments on foreign deposits prohibited
SEC. 42 Notice of branch closure
SEC. 43 Depository institutions lacking federal deposit insurance
SEC. 44 Interstate bank mergers
SEC. 45 Authority of state insurance regulator and Securities and Exchange Commission
SEC. 46 Safety and soundness firewalls applicable to financial subsidiaries of banks
SEC. 47 Insurance customer protections
SEC. 48 CRA sunshine requirements
SEC. 49. Bi-Annual FDIC survey and report on encouraging use of depository institutions by the unbanked
SEC. 50. Enforcement of Agreements
SEC. 51. Capital requirements for certain acquisition, development, or construction loans

SEC. 52. Data standards

SEC. 53. Open data publication

[End of FDI Act]

SEC. 213. Making online banking initiation legal and easy

SEC. 2. Withdrawals by negotiable or transferable instruments for transfers to their parties
SEC. 951. Civil Penalties
SEC. 1206. Comparability in compensation schedules
SEC. 1213. Comptroller General audit and access to records
SEC. 1216. Equal opportunity
SEC. 232. Reduced assessment rate for deposits attributable to lifeline accounts
SEC. 233. Assessment credits for qualifying activities relating to distressed communities
SEC. 234. Community development organizations
SEC. 208. Insured depository institution capital requirements for transfers of small Business obligations
SEC. 109. Prohibition against deposit production offices