OCC and FDIC Codify Materiality Standard for Examiner Criticism

September 2, 2026

The OCC and FDIC adopted a joint final rule in August defining “unsafe or unsound practice” for the first time, requiring that supervisory criticism be tied to material financial harm rather than process concerns. The rule raises the bar for formal intervention, pushing examiners to reserve MRAs and enforcement actions for actual law violations or problems serious enough to jeopardize a bank’s finances. The FDIC has already reviewed its outstanding MRAs and determined that a “large majority” do not meet the new standards and are being closed.

Rule: https://www.federalregister.gov/documents/2026/09/01/2026-17823/unsafe-or-unsound-practices-matters-requiring-attention

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