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Financial Services Law Insights and Observations

FDIC Releases Summer 2016 Supervisory Insights

FDIC Risk Management

Consumer Finance

The FDIC recently released its Summer 2016 Supervisory Insights, which in addition to providing an overview of newly released supervisory guidance and regulations, includes the following two articles: “De Novo Banks: Economic Trends and Supervisory Framework” and “‘Matters Requiring Board Attention’ Underscore Evolving Risks in Banking.” The first article summarizes (i) trends in de novo formation; (ii) the application process for deposit insurance; (iii) the FDIC’s supervisory approach to de novo institutions; and (iv) FDIC initiatives intended to “support the development, submission, and review of proposals to organize new institutions.” According to the FDIC Director Doreen Eberley, the “entry of new institutions helps to preserve the vitality of the banking sector, fill critical gaps in local banking markets, and provide credit services to communities that may not currently have a local financial institution.” The second article discusses Matters Requiring Board Attention (MRBA), which are identified in written reports of examinations (ROEs) and communicated to banks as significant operational issues warranting improvement. According to the FDIC, from 2014 through 2015, board and management issues were the most frequently listed MRBAs. For example, nearly half of the board and management-related MRBAs concern “corporate governance issues attributable to incomplete or ineffective policies,” while approximately 31% address audit concerns. Based off MBRA trends discussed in the article, the FDIC emphasized “the need for strong risk management policies and practices, particularly as credit volumes continue to increase during this current economic expansion.”