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OCC and FDIC Finalize Rule Removing ‘Reputation Risk’ From Bank Supervision

The move signals a shift to concrete safety measures instead of subjective judgments about public opinion.

Overview

  • The agencies finalized the rule on April 7, and it applies across all OCC and FDIC personnel.
  • The rule forbids examiners from using reputational concerns to justify negative exam language, Matters Requiring Attention, rating downgrades, enforcement actions, conditions on approvals, or extra capital demands.
  • It bars agency pressure on banks to close or refuse accounts because of a customer’s political, social, cultural, or religious views, protected speech, or lawful but unpopular business activity.
  • The definition of reputation risk now excludes issues tied to a bank’s financial or operational condition, which keeps supervisors focused on solvency, liquidity, compliance, and cyber risks.
  • The rule takes effect 60 days after it appears in the Federal Register, and the Federal Reserve has a similar proposal pending from February 23, 2026.