Agencies Issue Final Rule to Prioritize Material Financial Risks

WASHINGTON—The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation (the agencies) today issued a final rule that continues their effort to focus examiners’ and institutions’ attention on material financial risks and compliance with banking and banking-related laws and regulations. The final rule is consistent with the objectives of the agencies’ proposal issued in October 2025, with certain modifications to clarify how the agencies will exercise their enforcement and supervisory authority.

The final rule establishes a uniform definition for the term “unsafe or unsound practice” for the purposes of the agencies’ enforcement actions under 12 U.S.C. § 1818 and supervisory activities. The definition will promote greater clarity and certainty regarding certain enforcement and supervision standards and ensure that examiners prioritize concerns related to material financial risks over those regarding policies, process, documentation, and other nonfinancial risks. The final rule also establishes uniform standards for when and how the agencies may, as part of the examination process, issue Matters Requiring Attention (MRAs) and communicate supervisory observations and other violations of laws and regulations. In the final rule, the agencies clarify how the agencies will tailor their use of the unsafe or unsound practices definition and the MRA standard based on risk factors specific to an institution. The final rule also explicitly limits its scope to institutions the agencies supervise.

Related Link

• Final Rule: Unsafe or Unsound Practices, Matters Requiring Attention (PDF)