Mortgage Loan Compliance | FDIC’s Unlimited Authority

The Federal Deposit Insurance Corp.'s board has approved an agreement between the insurance agency and regulators at the Federal Reserve and the Treasury Department. It clearly spells out the FDIC's authority to make special examinations of banks. It was approved 5-0.

Federal bank regulators have agreed to give the FDIC unlimited authority to investigate banks, clarifying the agency's power that was in question during the financial crisis. Federal bank regulators were widely criticized during the financial crisis for failing to signal high-risk practices before the institutions failed.

The FDIC, which takes over failed banks, has said it lacked access to needed information to evaluate banks' risk.

"The past financial crisis provided us with a strong and sober reminder that the activities of large banks are often very complex and opaque," FDIC Chairman Sheila Bair said before the vote by the agency board at a public meeting. "The FDIC needs to have a more active on-site presence and greater direct access to information and bank personnel in order to fully evaluate the risks to the deposit insurance fund on an ongoing basis and to be prepared for all contingencies."

The FDIC is the "backup" regulator for banks, empowered to examine banks' condition and operations. That is in addition to the authority held by their primary federal regulators: the Fed and two Treasury Department agencies, the Office of the Comptroller of the Currency and the Office of Thrift Supervision.

The agreement, a so-called memorandum of understanding, was signed by the FDIC, the Fed and the two Treasury Department agencies. It updates a similar accord that took effect in 2002.

The FDIC has said that during the financial crisis, the 2002 agreement limited its ability to effectively assess risk at weakening banks and to put together strategies for resolving them after they failed. Among other things, the 2002 agreement required the FDIC to conduct its special exams of banks at the same time as the periodic reviews by their primary regulator. The FDIC was blocked from examining banks that were deemed financially healthy by their primary regulators.
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