FDIC
Sullivan & Cromwell Discusses FDIC Rescission of Policy Statement Limiting Participation of Private Investors in Failed-Bank Acquisitions
To encourage the participation of private investors such as private equity firms in the acquisition of failed banks, the FDIC on March 19 approved the rescission of its 2009 Statement of Policy on the Qualifications for Failed Bank Acquisitions.[1]…
Davis Polk Discusses Federal Banking Agency Guidance on Capital Treatment of Tokenized Securities
Banking organizations must ensure that a tokenized security confers identical legal rights as its non-tokenized counterpart to qualify for the same capital treatment as the non-tokenized form of the security, according to new guidance from the federal banking agencies.
Overview
…Simpson Thacher Discusses OCC’s First Comprehensive Federal Rulemaking for Stablecoin Issuers
On February 25, 2026, the Office of the Comptroller of the Currency (the “OCC”) issued a proposal to implement significant portions of the Guiding and Establishing National Innovation for U.S. Stablecoins Act, known as the GENIUS Act (the “Act”), which …
Davis Polk Discusses Agency Guidance on Capital Treatment of Tokenized Securities
The Office of the Comptroller of the Currency, the Federal Reserve Board, and the Federal Deposit Insurance Corporation (collectively, the federal banking agencies) issued new frequently asked questions on how tokenized securities are treated under the capital rules.1
- Defining
Banking, Technology, and Instability
If you know only one thing about banks and bank regulation, it’s probably encapsulated in the statement “FDIC-Insured.” For almost a century, this statement and others like it have been displayed at the entrance to every bank branch, on the …
Sullivan & Cromwell Discusses FDIC Update on Resolution Planning for Large Banks
At the end of December, the FDIC issued two releases related to the resolution of failed banks. The December 31 release provided an update about the FDIC rule on insured depository institution (“IDI”) resolution plans (the “IDI plan rule”).[1] The …
Sidley Discusses the State of Play in Banking and Digital Assets
The environment has never been more favorable for existing banking organizations launching a digital asset business and those Fintech and other nonbank companies considering acquiring or chartering a full-service or limited-purpose bank in order to operate a digital asset business. …
Davis Polk Discusses Crypto-Friendly Steps by Federal Reserve and FDIC
The Federal Reserve and FDIC took actions last week designed to facilitate crypto-related activities. The Federal Reserve rescinded its anti-crypto 2023 policy statement and replaced it with a more permissive stance designed to facilitate innovation, and requested information on a …
Latham & Watkins Discusses the Road Ahead for Fintech Rulemaking
Key Points:
- The FDIC plans to propose an application process for stablecoin issuance by FDIC-regulated institutions by the end of 2025, and is also collaborating with other banking regulators to develop broader prudential standards for all stablecoin issuers as required
Latham & Watkins Discusses Fed Revisions to Its Supervisory Rating Framework
Key Points:
- Under the updated framework, banks can maintain a single “deficient-1” rating across the components of capital, liquidity, and governance and controls while still being considered “well managed.”
- Banks with a single “deficient-1” rating will no longer face activity
Sullivan & Cromwell Discusses FDIC Changes to Resolution Planning and Execution
On October 15, Travis Hill, Acting Chairman of the Federal Deposit Insurance Corporation (who has been nominated to permanently lead the agency) delivered a speech titled “Resolution Readiness and Lessons Learned from Recent Large Bank Failures” at the EU Single …
Sullivan & Cromwell Discusses Acting FDIC Chairman’s Preview of Changes to Resolution Planning and Execution
On October 15, Travis Hill, Acting Chairman of the Federal Deposit Insurance Corporation (who has been nominated to permanently lead the agency) delivered a speech titled “Resolution Readiness and Lessons Learned from Recent Large Bank Failures” at the EU Single …
Sullivan & Cromwell Discusses Proposed FDIC and OCC Rules to Prohibit Regulators’ Use of Reputation Risk
On October 7, 2025, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency (the “agencies”) jointly issued a notice of proposed rulemaking (“NPR”)[1] that would codify the removal of reputation risk from the agencies’ …
Arnold & Porter Discusses Banking Issues in President’s Working-Group Report on Digital Assets
On July 30, 2025, the White House released a report titled “Strengthening American Leadership in Digital Financial Technology,” which outlines the Trump administration’s proposed policy roadmap on digital assets (Report). The Report was mandated by Executive Order 14178, issued on …
What We Talk About When We Talk About “Fed Independence”
Most industry and academic discussion about the Fed focuses, as is appropriate, on the Federal Reserve Board of Governors’ role in managing monetary policy and, in particular, its tools for managing interest rates and inflation in the shadow of tariffs …
Davis Polk Discusses New Permission for Banks to Collect Customer SSNs from Third Parties
In a significant step towards modernizing Bank Secrecy Act compliance, FinCEN and certain banking agencies are providing flexibility in “know your customer” requirements for banks.
The Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), …
Shadow SEC Statement No. 6: The Not-So-GENIUS Act
On June 17, 2025, the Senate passed the GENIUS Act, shorthand for the Guiding and Establishing National Innovation for U.S. Stablecoins Act, by a bipartisan vote of 68-30, with 18 Democratic Senators supporting the Bill. The GENIUS Act would amend …
U.S. Banking Agencies’ Shift Toward Crypto Integration
In April 2025, the landscape of U.S. crypto regulation shifted significantly. Three of the country’s principal bank regulators – the Federal Reserve, the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) – jointly …
How to Reinvigorate the FDIC
The Federal Deposit Insurance Corporation (FDIC) is the U.S. agency responsible for insuring all bank deposits and facilitating all bank resolutions. Yet, as only one of three bank regulators, the agency relies on the Federal Reserve (Fed) and Office of …
Sky Blog