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The FDIC has issued
a final rule setting forth the conditions it will impose and the commitments it will require to approve a deposit insurance application from an industrial bank or industrial loan company (collectively, ILC) whose parent company is not subject to consolidated supervision by the Federal Reserve Board (FRB). Along with the FDIC’s
final rule regarding brokered deposits, the adoption of the final rule represents a significant development for fintech companies and other commercial companies seeking to establish ILCs.
The final rule is effective on April 1, 2021 and substantially adopts
the FDIC’s proposal. The final rule makes the following substantive changes to the proposal:
On December 15, 2020, the Federal Deposit Insurance Corporation (“
Final Rule”) setting forth standards to apply to controlling shareholders of industrial banks that are not subject to consolidated supervision by the Board of Governors of the Federal Reserve System (“
Federal Reserve”). The Final Rule is substantially similar to the FDIC’s proposal announced March 17, 2020 (“
Proposed Rule”), and will take effect on April 1, 2021.
The Final Rule is prospective in the sense that it will not apply to an industrial bank that before the effective date is a subsidiary of a company that is not subject to consolidated supervision by the Federal Reserve.
The Final Rule caps a spate of recent developments in the chartering and regulation of industrial banks and the supervision of their shareholders. On March 17, 2020, the same day it announced the Proposed Rule, the FDIC approved applications for deposit insurance submitted by Square, Inc. and Nelnet, Inc., paving the w