FDIC Rescinds 2009 Policy on Failed Bank Acquisitions

FDIC Financial Institution Letters

Published March 19th, 2026

Detected March 19th, 2026

Summary

The FDIC has rescinded its 2009 Statement of Policy on Qualifications for Failed Bank Acquisitions and related 2010 Q&A. This action aims to remove regulatory barriers and reduce costs to the Deposit Insurance Fund by encouraging non-bank participation in the resolution process for failed insured depository institutions.

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What changed

The Federal Deposit Insurance Corporation (FDIC) has rescinded its 2009 Statement of Policy concerning the qualifications for acquiring failed banks and associated 2010 questions and answers. This policy had imposed restrictions beyond regulatory requirements, potentially deterring non-bank entities from participating in the bidding process for failed banks. The rescission is intended to encourage broader participation from private investors and non-bank entities in the resolution of failed insured depository institutions.

This action effectively removes the previous deterrents and conditions associated with acquiring failed banks, particularly for non-bank entities and investors seeking to assume deposit liabilities or assets. The FDIC's objective is to reduce the overall cost of bank failures to the Deposit Insurance Fund by increasing competition and potentially facilitating smoother resolutions. While no specific compliance deadline is mentioned, the rescission goes into effect upon publication in the Federal Register, meaning the previous policy's restrictions are no longer applicable.

What to do next

Review internal policies and procedures related to the acquisition of failed banks to ensure alignment with the rescinded 2009 policy.
Update any documentation or training materials that reference the 2009 Statement of Policy or 2010 Q&A.

Source document (simplified)

Rescission of Statement of Policy on Qualifications for Failed Bank Acquisitions

Laws and Regulations March 19, 2026

Summary:

The Federal Deposit Insurance Corporation (FDIC) Board of Directors today approved the rescission of the agency’s 2009 Statement of Policy on the Qualifications for Failed Bank Acquisitions (Statement of Policy) and related questions and answers issued in 2010.

Statement of Applicability: The contents of, and material referenced in, this FIL apply to **** (a) private investors in a company, including any company acquired to facilitate bidding on failed banks or thrifts that is proposing to, directly or indirectly, (including through a shelf charter) assume deposit liabilities, or such liabilities and assets, from the resolution of a failed insured depository institution; and

(b) applicants for insurance in the case of de novo charters issued in connection with the resolution of failed insured depository institutions (hereinafter “Investors”).

Highlights:

On September 2, 2009, the FDIC published the final Statement of Policy in the Federal Register.
In January 2010 and April 2010, the FDIC issued questions and answers on aspects of the Statement of Policy.
The Statement of Policy included a number of restrictions and conditions in excess of regulatory requirements that served as a deterrent for nonbank entities to engage in bidding on failed banks.
The FDIC is rescinding the Statement of Policy and related questions and answers with the objectives of removing regulatory barriers to non-bank participation in the resolution process and reducing the cost of failures to the Deposit Insurance Fund.
The rescission goes into effect upon publication in the Federal Register. FIL-6-2026 ## Attachment(s)

Rescission of Statement of Policy on the Qualifications for Failed Bank Acquisitions