BPI Comments on FDIC Resolution Planning Proposal

Ladies and Gentlemen:

The Bank Policy Institute^[1] submits these comments in response to the notice of proposed rulemaking issued by the Federal Deposit Insurance Corporation entitled Resolution Submissions Required for Covered Insured Depository Institutions.^[2] We welcome the FDIC's effort in the NPR to streamline and rationalize the FDIC's resolution planning rule for covered insured depository institutions,^[3] with a focus on information that would be useful to the FDIC in conducting the marketing and resolution of a failed bank.

We support many aspects of the NPR because it would focus on elements that are likely to be useful to the FDIC in the event of a bank resolution under the Federal Deposit Insurance Act and would better conform the rule with the FDIC's statutory authorities. We recommend that the FDIC finalize the proposed changes without delay, with certain important revisions as we propose below, including exempting IDI subsidiaries of Title I plan filers. The NPR would resolve many of the most significant flaws of the current IDI Rule. Among many improvements included in the NPR, we support the FDIC's proposal to:

• Increase the threshold for applicability of the IDI Rule from $50 billion to $100 billion and index the threshold to inflation, which would improve the tailoring of the current rule and ensure that smaller institutions do not over time become subject to requirements designed for larger institutions solely by virtue of inflation.
• Streamline the content requirements and the removal of requirements to engage in hypothetical resolution-related analysis, which would eliminate components of IDI plans that have required significant time and effort for covered IDIs ("CIDIs") to prepare while providing limited value to the FDIC in a resolution scenario•
• Eliminate the public section that CIDIs are required to file, which offers little useful information to the public. Removing the public section would remove a source of potential confusion, especially for institutions that are also required to file a resolution plan at the holding company level under Section 165(d) of the Dodd-Frank Act.
• Eliminate the interim supplement requirement, which would relieve CIDIs of a significant and unnecessary annually recurring burden.
• Remove the requirement that resolution submissions be approved by a CIDI's board of directors, allowing firms to streamline and simplify submission governance processes.
• Remove the formal credibility determinations under the current IDI Rule, which are overly subjective and lack a basis in law.

While the NPR would resolve many pressing issues with the current IDI Rule, certain issues would remain. Moreover, some of the proposed additions to the content requirements are overbroad or insufficiently clear. The remainder of our comments recommend additional steps that the FDIC should take to focus the IDI Rule on the information the FDIC would need to resolve a failed bank and cannot obtain by other means and to eliminate unnecessary or duplicative administrative burdens.

To read the full comment letter, please click here, or click on the download button below.

[1] The Bank Policy Institute is a nonpartisan public policy, research and advocacy group that represents universal banks, regional banks, and the major foreign banks doing business in the United States. The Institute produces academic research and analysis on regulatory and monetary policy topics, analyzes and comments on proposed regulations, and represents the financial services industry with respect to cybersecurity, fraud, and other information security issues.

[2] FDIC, Notice of Proposed Rulemaking, Resolution Submissions Required for Covered Insured Depository Institutions, 91 Fed. Reg. 39546 (June 30, 2026).

[3] 3 12 C.F.R. § 360.10 (2025).