FDIC Rescinds Policy on Failed Bank Acquisition Qualifications

FDIC Press Releases

Published March 19th, 2026

Detected March 19th, 2026

Summary

The FDIC Board of Directors has rescinded its 2009 Statement of Policy on the Qualifications for Failed Bank Acquisitions and related 2010 Q&As. This action aims to remove barriers for nonbank entities participating in failed bank acquisitions and reduce costs to the Deposit Insurance Fund.

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What changed

The FDIC Board of Directors has approved the rescission of its 2009 Statement of Policy concerning the qualifications for acquiring failed banks, along with related questions and answers from 2010. This policy had imposed restrictions and conditions beyond regulatory requirements, which deterred nonbank entities from participating in the failed bank acquisition process. The rescission is intended to encourage greater participation from nonbank investors and reduce the financial burden on the Deposit Insurance Fund.

This action is effective upon publication in the Federal Register. While this rescission removes prior deterrents, regulated entities, particularly those in the banking sector and financial advisory roles, should be aware that the FDIC is seeking to streamline the process for nonbank acquisitions of failed institutions. No specific compliance actions are mandated by this notice, as it removes existing policy rather than imposing new requirements.

Source document (simplified)

FDIC Board of Directors Rescinds Statement of Policy on the Qualifications for Failed Bank Acquisitions

March 19, 2026 WASHINGTON – The Federal Deposit Insurance Corporation (FDIC) Board of Directors today approved the rescission of a Statement of Policy on the Qualifications for Failed Bank Acquisitions (Statement of Policy) issued in 2009 and related questions and answers issued in 2010.

The Statement of Policy applied to private investments in certain companies that sought to assume deposit liabilities from a failed institution and to private investors involved in acquiring a failed bank through a shelf charter. The Statement of Policy imposed a number of restrictions and conditions in excess of regulatory requirements that served as a deterrent for nonbank entities to participate in the failed bank process. The objectives of the rescission are to remove regulatory barriers to nonbanks participating in bids on failed banks and to reduce the cost of failures to the Deposit Insurance Fund.

The rescission of the Statement of Policy is effective upon publication in the Federal Register.