2025-07-18 | 2025-13504

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Parent Companies of Industrial Banks and Industrial Loan Companies; Withdrawal of Proposed Rule

The Federal Deposit Insurance Corporation (FDIC) has withdrawn its August 2024 proposed rule establishing revised risk assessment criteria for parent companies of industrial banks and industrial loan companies. This action defers finalizing amendments that would have expanded 12 CFR part 354 to encompass conversions, changes of control, and subsidiary relationships while clarifying the relationship between written commitments and statutory evaluation factors. The agency will address any necessary regulatory updates through future rulemaking informed by ongoing stakeholder feedback on industrial bank filing reviews.

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will provide the filer with written notification of the final action as soon as the decision is rendered. (c) Other approval criteria. (1) The FDIC may approve a filing under this section if the criteria in paragraphs (c)(1)(i) through (vi) of this section are satisfied. (i) The factors set forth in section 6 of the FDI Act (12 U.S.C. 1816) have been considered and favorably resolved; (ii) The filer is at least adequately capitalized as defined in subpart H of part 324 of this chapter; (iii) Any financial arrangements that have been made in connection with the proposed relocation and that involve the filer’s directors, officers, major shareholders, or their interests are fair and reasonable in comparison to similar arrangements that could have been made with independent third parties; (iv) Compliance with the CRA and any applicable related regulations, including part 345 of this chapter, has been considered and favorably resolved; (v) No CRA protest as defined in § 303.2(l) has been filed that remains unresolved or, where such a protest has been filed and remains unresolved, the Director or designee concurs that approval is consistent with the purposes of the CRA and the filer agrees in writing to any conditions imposed regarding the CRA; and (vi) The filer agrees in writing to comply with any conditions imposed by the FDIC, other than the standard conditions defined in § 303.2(dd) that may be imposed without the filer’s written consent. (2) [Reserved] (d) Relocation of insured branch from one State to another. If the foreign bank proposes to relocate an insured State branch to a State that is outside the State where the branch is presently located, in addition to meeting the approval criteria contained in paragraph (c) of this section, the foreign bank must: (1) Comply with any applicable State laws or regulations of the States affected by the proposed relocation; and (2) Obtain any required regulatory approvals from the appropriate State licensing authority of the State to which the insured branch proposes to relocate before relocating the existing branch operations and surrendering its existing license to the appropriate State licensing authority of the State from which the branch is relocating. PART 345—COMMUNITY REINVESTMENT ■ 11. The authority citation for part 345 continues to read as follows: Authority: 12 U.S.C. 1814–1817, 1819– 1820, 1828, 1831u, 2901–2908, 3103–3104, and 3108(a). ■ 12. In appendix G to part 345, revise § 345.29(c) to read as follows: Appendix G to Part 345—Community Reinvestment Regulations


§ 345.29 Effect of CRA performance on applications.


(c) Interested parties. The FDIC takes into account any views expressed by interested parties that are submitted in accordance with the FDIC’s procedures set forth in part 303 of this chapter in considering CRA performance in an application listed in paragraphs (a)(3) and (4) and (b) of this section.


Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on July 15, 2025. Debra A. Decker, Executive Secretary. [FR Doc. 2025–13568 Filed 7–17–25; 8:45 am] BILLING CODE 6714–01–P FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 354 RIN 3064–AF88 Parent Companies of Industrial Banks and Industrial Loan Companies; Withdrawal of Proposed Rule AGENCY: Federal Deposit Insurance Corporation. ACTION: Proposed rule; withdrawal. SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is withdrawing a notice of proposed rulemaking relating to parent companies of industrial banks and industrial loan companies. If the FDIC decides to make changes in this area, it will do so through a future regulatory action. DATES: The FDIC is withdrawing the proposed rule published at 89 FR 65556 (August 12, 2024) as of July 18, 2025. FOR FURTHER INFORMATION CONTACT: Catherine Topping, Counsel, (202) 898– 3975, ctopping@fdic.gov; Gregory Feder, Counsel, (202) 898–8724, gfeder@ fdic.gov; Rachel Harrison, Attorney, (703) 562–6471, racharrison@fdic.gov, Legal Division; Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. SUPPLEMENTARY INFORMATION: Background The FDIC is withdrawing the notice of proposed rulemaking described below. The FDIC no longer intends to issue a final rule with respect to this proposal. If the FDIC decides to make changes in this area, it will do so through a future regulatory action. Parent Companies of Industrial Banks and Industrial Loan Companies On August 12, 2024, the FDIC published a proposed rule that would have revised the criteria that the FDIC would consider when assessing risks presented to an industrial bank or industrial loan company (collectively, industrial bank) by its parent organization. The proposed amendments would have changed the scope of 12 CFR part 354 to include conversions involving a proposed industrial bank under section 5 of the Home Owners’ Loan Act or other transactions as determined by the FDIC, changes of control or mergers of parent companies, and other instances when an industrial bank becomes a subsidiary of a company not subject to Federal consolidated supervision. Additionally, the proposed amendments would have clarified the relationship between written commitments and the FDIC’s evaluation of the relevant statutory factors. The proposed amendments also would have set forth additional criteria that the FDIC would consider when assessing the risks presented to an industrial bank by its parent company and any affiliates and evaluating the institution’s ability to function independently of the parent company and any affiliates. The FDIC is separately soliciting information and comments from interested parties on how the FDIC reviews filings submitted by industrial banks. This feedback will inform potential changes to how the FDIC evaluates the statutory factors applicable to each filing in light of the unique aspects of industrial bank business plans and the broad range of companies that may seek to establish an industrial bank. Withdrawal of Proposed Rule The FDIC is withdrawing the proposed rule because, as noted above, it no longer intends to issue a final rule with respect to this proposal. If the FDIC decides to pursue future regulatory action in this area, it will do so by publishing a new proposed rule or other issuance consistent with the requirements of the Administrative Procedure Act, as applicable. Federal Deposit Insurance Corporation.

By order of the Board of Directors. Dated at Washington, DC, on July 15, 2025. Debra A. Decker, Executive Secretary. [FR Doc. 2025–13504 Filed 7–17–25; 8:45 am] BILLING CODE 6714–01–P

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