TBS News

TBS Resource Center: Navigating the FDIC Brokered Deposit Rule

On December 15, 2020, the FDIC issued its final rule revising its regulation regarding brokered deposits.  TBS has been actively engaged with regulators, banks and financial intermediates as the rule has been finalized and further clarification is underway.

TBS has created this Resource Center as a single destination for industry participants to access FDIC FAQ updates, information on the TBS response, and other relative news to help you navigate the new rule.  Check back often as new updates will be added as they are forthcoming.



The rule amends the brokered deposit regulation to elaborate on the ‘facilitation’ prong of the deposit broker definition and to provide clarity about the availability of the Primary Purpose Exception (PPE).  For sweep program participants, the final rule specifies elements that must be included in a sweep program to permit banks to treat the deposits as non-brokered.   The amendment to the brokered deposit regulation became effective as of April 1, 2021, with an extended compliance date of January 1, 2022 for institutions that continue to rely on previous staff opinions. After January 1, 2022, full compliance with the regulation is required.


TBS WHITEPAPER:  Navigating the FDIC Brokered Deposit Rule. 

This TBS whitepaper: 

  • Summarizes the key aspects of the Final Rule as it relates to insured deposit sweep programs and shed light on nuances that have material implications for program participants; and
  • Outlines how Source Institutions seeking the PPE and banks needing to rely on the success of Source Institutions maintaining PPE eligibility can map their “Path to Compliance”; and
  • Introduces a “Direct Bank Model” that is designed to help sweep participants achieve and retain the PPE while continuing to engage TBS as a trusted technology and services partner.

Click here to download the paper.


TBS WEBINAR 6/9 @ 2 p.m. ET: Navigating the FDIC Brokered Deposit Rule & the Path to Compliance

During this one-hour informational webinar TBS experts were joined by Charles Horn, Partner with Morgan Lewis, to provide clarity into the specifics and implications of the new FDIC Final Rule (“Final Rule”) that amended its brokered deposit regulations —specifically as it relates to bank sweep program participants and associated financial intermediaries.

Click here to review the recording.



FDIC Banker Resource Center re:  Brokered Deposits

–        List of companies that have submitted notices for a Primary Purpose Exception under the 25% on Enabling Transactions tests

–        Questions and Answers Related to the Brokered Deposits Rule

–        Instructions for Primary Purpose Exception Submissions (notices, applications, or ongoing reports)

–        National Rates and Rate Caps (Applicable to Less Than Well Capitalized Institutions)

–        Small Entity Compliance Guide

–        Previous FDIC Staff Interpretations (phased out January 1, 2022)




February 23, 2021 FDIC Financial Institutions Letter re: New Call Report Data Items for Sweep Deposits Beginning with June 30, 2021 Call Reports
January 22, 2021

Final Rule Published in Federal Register, 86 Fed. Reg. 6742

December 15, 2020

FDIC Brokered Deposits Rule Press Release



Does your financial institution need more help understanding the implications of the rule or creating a path to compliance?  The insured deposit experts at TBS are here to help.  You can reach us at info@totalbanksolutions.com.