The Impact of FDIC’s Proposed Rule on Corporate Governance: Higher Compliance Costs for Community Banks

Oct 12, 2023

The Impact of FDIC’s Proposed Rule on Corporate Governance: Higher Compliance Costs for Community Banks

Introduction

The Federal Deposit Insurance Corp. (FDIC) has proposed a new rule relating to corporate governance that could have significant consequences for community banks. The objective of this rule is to enhance the standards and expectations for boards of directors of insured depository institutions.

However, while the proposed rule seeks to strengthen corporate governance practices, industry advocates argue that it could result in increased time and compliance costs for community banks, ultimately impacting their ability to serve their customers effectively.

The Proposed Rule and Its Implications

Under the proposed rule, community banks would be required to meet stricter standards for corporate governance and board effectiveness. This would include criteria for director qualifications, responsibilities, and expertise, as well as expectations for risk management and oversight. While these standards are intended to promote stronger governance practices, community banks argue that the rule may burden smaller institutions with additional compliance obligations.

Raising Compliance Costs

One of the main concerns voiced by banking industry advocates is the potential increase in compliance costs that community banks would face under the proposed rule. Compliance costs refer to the expenses incurred by banks to ensure adherence to regulatory requirements.

Community banks, typically smaller in size and with more limited resources compared to larger institutions, may struggle to allocate the necessary funds and staff to meet the enhanced regulatory demands. This could result in higher expenses and divert resources towards compliance, rather than serving their customers and supporting local communities.

Table: Comparison of Compliance Costs

Category Current Compliance Costs Projected Compliance Costs with Proposed Rule
Staffing $X $X+
Training and Education $X $X+
Technology and Systems $X $X+

*Note: The projected compliance costs are estimates and may vary based on individual bank circumstances.

Factors Influencing Compliance Costs

The proposed rule could lead to higher compliance costs for community banks due to several factors:

1. **Staffing**: Community banks may be required to hire additional staff members with specialized skills and knowledge in areas such as risk management and regulatory compliance. These new hires would contribute to increased personnel costs.
2. **Training and Education**: Banks would need to invest in training programs to ensure directors and staff are equipped with the necessary knowledge and skills to meet the new governance expectations. This would involve both time and financial resources.
3. **Technology and Systems**: Community banks may need to upgrade their technology infrastructure and systems to support the gathering and reporting of enhanced governance-related information. This could include the implementation of new software and data management systems.

Frequently Asked Questions

1. How will the proposed rule impact community banks?

The proposed rule could lead to increased compliance costs for community banks, potentially diverting resources away from serving customers and supporting local communities.

2. Why are compliance costs a concern for community banks?

Community banks, being smaller institutions with limited resources, may struggle to allocate funds and staff to meet the enhanced regulatory demands, resulting in higher compliance expenses.

3. What factors contribute to higher compliance costs?

Factors such as the need for additional staffing, training and education programs, and technology upgrades can all contribute to higher compliance costs for community banks.

Conclusion

While the FDIC’s proposed rule on corporate governance aims to strengthen the standards and expectations for boards of directors, community banks anticipate increased compliance costs as a result. These costs may create additional burdens for smaller institutions already operating with limited resources. Banking industry advocates continue to voice their concerns about the potential impact on community banks’ ability to serve their customers effectively. It remains to be seen how the FDIC will address these concerns as it moves forward with the rule-making process.

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