Modifications to the Statement of Policy for Section 19 of the Federal Deposit Insurance Act

FIL-68-2018

November 1, 2018

Financial Institution Letter

Modifications to the Statement of Policy for Section 19 of the Federal Deposit Insurance Act

 

Summary:

The FDIC issued modifications to its Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance (FDI) Act.  Section 19 prohibits, without the prior written consent of the FDIC, a person convicted of any criminal offense involving dishonesty, breach of trust, money laundering, or who has entered into a pretrial diversion or similar program (program entry) in connection with a prosecution for such offense, from participating in the affairs of an FDIC-insured institution.  On January 8, 2018, the FDIC published in the Federal Register notice of proposed modifications and sought public comment.  On July 19, 2018, after consideration of comments received, the FDIC Board of Directors approved modifications to the SOP’s de minimis exceptions to filing an application and made additional technical and clarifying changes.  The modifications are expected to reduce the number of Section 19 applications and regulatory burden.  The updated SOP is available on the FDIC’s website and was published in the Federal Register on August 3, 2018.  This FIL supersedes FILs 57-2011, 3-2013, and 42-2018.

Statement of Applicability to Institutions with Total Assets Under $1 Billion:

This Financial Institution Letter applies to all FDIC-insured institutions.

Distribution:

FDIC-Insured Institutions

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