Unsafe and Unsound Banking Practices: Brokered Deposits
Notification of additional designated business relationship that meets the primary purpose exception.
CFR Part: "12 CFR Part 337"
RIN Number: "RIN 3064-ZA30"
Citation: "87 FR 1065"
Page Number: "1065"
"Rules and Regulations"
Agency: "
SUMMARY: The
DATES:
Effective date:
Applicability date:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background On
FOOTNOTE 1 86 FR 6742 (
II. Primary Purpose Exception
Section 29 of the FDI Act provides that the primary purpose exception applies to an "agent or nominee whose primary purpose is not the placement of funds with depository institutions." /2/ In the final rule, the
FOOTNOTE 2 12 U.S.C. 1831f. END FOOTNOTE
FOOTNOTE 3 86 FR 6742, 6749 (
FOOTNOTE 4 Id. at 6755; 12 CFR 337.6(a)(5)(v)(I)(1)(xiv). END FOOTNOTE
III. Additional Designated Exception
As described below, the
FOOTNOTE 5 The additional designated exception will be posted to the
The agent or nominee is "engaged in the business of placing" customer funds at IDIs, in a custodial capacity, based upon instructions received from a depositor or depositor's agent specific to each IDI and deposit account, and the agent or nominee neither plays any role in determining at which IDI(s) to place any customers' funds, nor negotiates or set rates, terms, fees, or conditions, for the deposit account.
Over the past several months, in response to questions received, the
FOOTNOTE 6 12 CFR 337.6(a)(5)(i)(A). END FOOTNOTE
The
As such, in these specific arrangements, it is the
As noted above, a custodial agent that plays any role in determining at which IDI(s) to place any customers' funds will not be eligible for the designated exception. As an example, a custodial agent that plays any role in creating, operating, or using an algorithm that is used to determine or recommend at which IDI(s) any customer funds are placed would be viewed as playing a role in determining at which banks the depositor's funds are to be placed and thus not eligible for the designated exception.
Involvement of Additional Third Party Deposit Brokers
The
Dated at
Assistant Executive Secretary.
[FR Doc. 2021-28540 Filed 1-7-22;
BILLING CODE 6714-01-P


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