Prohibition on the Use of Reputation Risk by Regulators
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This rule stops federal banking regulators from using reputation risk as a reason for action against banks. It removes the ability of agencies to require banks to avoid clients for reasons tied to political, social, or religious views. Banks won't be guided by regulators to sever lawful business ties based on perceived reputation damage.
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Key Changes
- Eliminates reputation risk as a factor in regulatory actions.
- Prohibits regulatory guidance against clientele based on political, social, or religious views.
- Prevents punitive measures against banks for lawful activities.
Obligations
What this law requires
Federal banking regulators (OCC and FDIC) must not criticize or take adverse action against a financial institution on the basis of reputation risk
Regulators must not require, instruct, or encourage any institution to close an account based on a person or entity's political, social, cultural, or religious views or beliefs
Regulators must not require, instruct, or encourage any institution to refrain from providing accounts, products, or services based on constitutionally protected speech
Regulators must not require, instruct, or encourage institutions to modify or terminate products or services based solely on politically disfavored but lawful business activities perceived to present reputation risk
Regulators must not take supervisory or adverse action against institutions designed to punish or discourage individuals or groups from engaging in lawful political, social, cultural, or religious activities