FDIC Advises Bank Management to Maintain Ongoing Communication with Examination Staff

FDIC Examination

On July 29, the FDIC issued FIL-51-2016 to remind and encourage bank management to maintain open communications with FDIC personnel regarding supervisory findings. FIL-51-2016 is a re-issuance of and update to the March 1, 2011 FIL-13-2011, and emphasizes that “open dialogue with bank management is critical to ensuring the supervisory process is effective in promoting an institution’s strong financial condition and safe-and-sound operation.” If an institution has concerns about FDIC examination findings, the letter advises the institution to (i) discuss the issues with the FDIC examiner-in-charge, or contact the field or regional office representative; (ii) utilize the FDIC’s formal appeals process for material supervisory determinations; or (iii) contact the FDIC Office of the Ombudsman for “confidential, neutral, and independent” information and assistance if disagreements were not resolved informally at the Division-level. According to the letter, FDIC policy prohibits any retaliation, abuse, or retribution by any FDIC examiner or other personnel against an institution. The letter further emphasizes that “[s]uch behavior against an institution constitutes unprofessional conduct and will subject the examiner or other personnel to appropriate disciplinary or remedial action.”