Title 12Banks and BankingRelease 119-73

§1816 Factors to be considered

Title 12 › Chapter CHAPTER 16— - FEDERAL DEPOSIT INSURANCE CORPORATION › § 1816

Last updated Apr 6, 2026|Official source

Summary

When granting a charter or when the Board makes decisions under sections 1814 and 1815, seven factors must be considered. They are the bank’s financial history and condition, capital adequacy, future earnings, management’s character and fitness, the risk to the Deposit Insurance Fund, community convenience and needs, and whether its corporate powers fit the chapter’s purposes.

Full Legal Text

Title 12, §1816

Banks and Banking — Source: USLM XML via OLRC

The factors that are required, under section 1814 of this title, to be considered in connection with, and enumerated in, any certificate issued pursuant to section 1814 of this title and that are required, under section 1815 of this title, to be considered by the Board of Directors in connection with any determination by such Board pursuant to section 1815 of this title are the following:
(1)The financial history and condition of the depository institution.
(2)The adequacy of the depository institution’s capital structure.
(3)The future earnings prospects of the depository institution.
(4)The general character and fitness of the management of the depository institution.
(5)The risk presented by such depository institution to the Deposit Insurance Fund.
(6)The convenience and needs of the community to be served by such depository institution.
(7)Whether the depository institution’s corporate powers are consistent with the purposes of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Section is derived from subsec. (g) of former section 264 of this title. See Codification note set out under section 1811 of this title.

Amendments

2006—Par. (5). Pub. L. 109–173 substituted “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”. Pub. L. 109–171 repealed Pub. L. 104–208, § 2704(d)(14)(F). See 1996 Amendment note below. 1996—Par. (5). Pub. L. 104–208, § 2704(d)(14)(F), which directed substitution of “Deposit Insurance Fund” for “Bank Insurance Fund or the Savings Association Insurance Fund”, was repealed by Pub. L. 109–171. See

Effective Date

of 1996 Amendment note below and 2006 Amendment note above. 1989—Pub. L. 101–73 amended section generally. Prior to amendment, section read as follows: “The factors to be enumerated in the certificate required under section 1814 of this title and to be considered by the Board of Directors under section 1815 of this title shall be the following: The financial history and condition of the bank, the adequacy of its capital structure, its future earnings prospects, the general character of its management, the convenience and needs of the community to be served by the bank, and whether or not its corporate powers are consistent with the purposes of this chapter.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–173 effective Mar. 31, 2006, see section 8(b) of Pub. L. 109–173, set out as a note under section 1813 of this title. Amendment by Pub. L. 109–171 effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171, set out as a Merger of BIF and SAIF note under section 1821 of this title.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1816

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73