2021-03-02 | 2021-01537

Role of Supervisory Guidance

The Federal Deposit Insurance Corporation, in coordination with other federal banking agencies, has adopted a final rule codifying the 2018 Interagency Statement Clarifying the Role of Supervisory Guidance. The rule establishes that supervisory guidance does not carry the force and effect of law, meaning it creates no binding legal obligations for the public while remaining fully enforceable against the issuing agencies. It further clarifies that examiners will not issue supervisory criticisms or enforcement actions based solely on a violation of or non-compliance with such guidance, preserving regulatory discretion and promoting predictable supervisory practices.

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