Risk Management Manual of Examination Policies - FDIC

REPORT OF EXAMINATION INSTRUCTIONS Section 16.1
PURPOSE
COMPLIANCE WITH ENFORCEMENT ACTIONS
Use this schedule to factually present an institution's adherence to formal and informal administrative actions and to
Prompt Corrective Action provisions.
WHEN TO INCLUDE
Include the schedule when an institution has one of the following outstanding actions:
Formal Action
• Order to Cease and Desist
• Capital Directive
• Continuing Condition
• Other formal administrative action of a State authority or other regulatory agency
Continuing Condition
Create a separate page entitled “Compliance with Ongoing Conditions” for ORDERs Granting Approval for Deposit
Insurance. This page will follow the Compliance with Enforcement Actions page (if formal or informal actions are
in place) or the ECC page.
Continuing conditions other than the ORDER Granting Approval for Deposit Insurance should not be included on
the Compliance with Enforcement Action page. For example, application for, or compliance with, Part 362 powers
should be addressed under Question #5 of the RMA page.
Informal Action
• Memorandum of Understanding
• Board Resolution
• Other informal administrative action of a State authority or other regulatory agency
Prompt Corrective Action
When applicable, address restrictions or requirements imposed through Prompt Corrective Action here as well as the
institution's adherence to such restrictions or requirements.
PAGE STRUCTURE
Begin with a brief statement leading into the action’s provisions. Detail the type of, parties to, and effective date of
the action. At the first examination after the issuance of a formal or informal administrative action, the action
should generally appear verbatim on this page. If the action is lengthy and no court action is contemplated, it may
be paraphrased if Regional Office practices permit.
Follow each provision with an examiner assessment. Address each provision of the action, whether or not time
limits have expired, documenting in each instance, in a factual manner and without statement of opinion, the steps
taken by the institution to comply with the action. State if no steps to comply have been taken. Never use
conclusory language such as, "The institution is in compliance/partial compliance/substantial
DSC Risk Management Manual of Examination Policies 16.1-9 Report of Examination Instructions (12-04)
Federal Deposit Insurance Corporation