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Large-Bank Deposit Insurance Determination Modernization (12 C.F.R. § 360.9)

The FDIC's mission to maintain stability and public confidence in the nation's financial system can be accomplished by providing access to insured funds as soon as possible. A quick access by depositors to their funds at certain level shortly after a bank failure may be accomplished before the deposit insurance determination can be completed if the bank fails unexpectedly with no time for pre-failure planning activities.

To ensure that depositors have access to their funds as soon as possible, the FDIC adopted the Large‐Bank Deposit Insurance Determination Modernization Rule (12 C.F.R. § 360.9) in August 2008. In the event of a failure, the rule allows the FDIC to give depositors uninterrupted access to preliminary insurance funds, while the FDIC works to complete the final insurance determination. The FDIC will use a 12 C.F.R. § 360.9 covered institution’s provisional hold capabilities to achieve this.

The Large‐Bank Deposit Insurance Determination Modernization Rule applies to about 120 institutions, which include insured depository institutions having at least $2 billion in deposits and at least either 250,000 deposit accounts or $20 billion in total assets.

See Federal Register notice Vol. 73; No. 138; July 17, 2008 - PDF for the requirements of the rule or contact the FDIC at drrlargebnkdeprule@FDIC.gov.

New Covered Institutions

If you are new to the Large‐Bank Deposit Insurance Determination Modernization Rule, follow the process below.

  1. Designate the points of contact and send email to drrlargebnkdeprule@FDIC.gov.
  2. Send a email request to schedule an introductory meeting with FDIC subject‐matter experts to discuss the rule requirements.
  3. Use the Detailed Self-Assessment Plan – PDF to test deposit systems for provisional hold functionality and standard data set requirements.
  4. Complete the Attestation Letter - PDF certifying that the self‐assessment has been successfully completed and the institution is in compliance with the rule.
  5. Create a Categorization Matrix - Excel to accurately map each deposit product at the institution into one of four provisional hold categories.

Annual Questionnaire

Covered institutions are required to complete an Annual Questionnaire - PDF. Fill out this form and return to the FDIC no later than March 31 of the current year.

Compliance Test Preparation

The FDIC will notify existing Covered Institutions of their selection for a compliance test. If your institution has been selected please review the following documents.

Sample Test Questionnaire - PDF
If an institution is selected for a compliance test, FDIC will open a case, assign a case number, and provide form FDIC 6450/01, Large-Bank Deposit Insurance Determination Modernization (12 C.F.R. § 360.9) Rule.

Compliance Test General Information - PDF

Sample Provisional Hold Memorandum - PDF

FDIC Laptop and Data Security - PDF

Frequently Asked Questions - PDF

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