Regulatory Alerts2025-12-18 | FIL-61-2025OCC and FDIC Statement on the Status of Certain Investment Funds for Insider Lending Restrictions
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation issued a permanent statement clarifying supervisory expectations for insured institutions regarding insider lending restrictions and related reporting requirements. This document supersedes the annually extended December 2019 guidance, providing banks with greater regulatory certainty until a final Board rule fully addresses extensions of credit to fund complex-controlled portfolio companies. Effective immediately, the statement applies to all FDIC-supervised financial institutions and remains in force unless amended or rescinded.
Laws and Regulations
December 18, 2025
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Summary: The Office of the Comptroller of the Currency (“OCC”) and the Federal Deposit Insurance Corporation (“FDIC” and, together with the OCC, the “agencies”) are issuing the attached statement to clarify supervisory expectations for OCC-supervised institutions’ and FDIC-supervised institutions’ compliance with insider lending restrictions and related reporting requirements with respect to certain types of related interests. This statement is effective immediately.
Statement of Applicability:
The contents of, and material referenced in, this FIL apply to all FDIC-supervised financial institutions. Highlights: The OCC, the FDIC, and the Board of Governors of the Federal Reserve System (“Board”) issued the “Statement Regarding Status of Certain Investment Funds and their Portfolio Investments for Purposes of Regulation O and Reporting Requirements under Part 363 of FDIC Regulations” on December 27, 2019. Each subsequent December, the OCC, FDIC, and Board issued new one-year extensions. A statement by the agencies with no expiration date, rather than a statement subject to annual extensions, will provide banks with greater certainty regarding the agencies’ supervisory expectations. This statement will continue to be effective unless amended, superseded, or rescinded in writing. The agencies anticipate that this statement will no longer be necessary upon the adoption of a final rule by the Board that revises Regulation O to fully address the treatment of extensions of credit by a bank to fund complex-controlled portfolio companies that are insiders of the bank. This FIL supersedes and rescinds FIL-85-2024, dated December 27, 2024.
FIL-61-2025
Attachment(s)
OCC and FDIC Statement Regarding the Status of Certain Investment Funds and Their Portfolio Investments for Purposes of Insider Lending Restrictions and Related Reporting Requirements
Related Topics
Corporate Governance and Auditing Programs
Contact(s)
Division of Risk Management Supervision