# 2026-12364: OCC Tweaks Minority Bank Rules for Clarity

2026-12364, OCC Policy Statement on Minority Depository Institutions, is a Federal Register notice from Treasury Department, Comptroller of the Currency published 2026-06-22, effective 2026-06-16; PRIA reads it as touching household money (as of 2026-06-29).

- Canonical: https://policyrisk.com/federal-register/2026-12364
- As of: 2026-06-29
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-12364
- Title: OCC Policy Statement on Minority Depository Institutions
- Type: Notice
- Agencies: Treasury Department; Comptroller of the Currency
- Citation: 91 FR 37227
- Published: 2026-06-22
- Effective: 2026-06-16
- Comments close: not stated
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: none
- Last updated: 2026-06-29

## In one line

OCC Tweaks Minority Bank Rules for Clarity

## Summary

The OCC just updated its rules for Minority Depository Institutions (MDIs), which are banks owned by socially and economically disadvantaged people. This update makes the rules clearer, matches the law better, and removes outdated info, so the policy stays useful for years. Current MDIs keep their status, and the changes took effect on June 16, 2026, with no new costs involved.

## Abstract

The OCC is updating its policy statement on minority and depository institutions (MDI). This update is consistent with the criteria set out in the Executive Order titled, "Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative." The updated statement aligns the policy statement more closely with the related statute, and it removes information that is vulnerable to obsolescence. The intended effect is for the agency to have a policy statement that remains accurate and supported by statute for years to come. At the same time, the update maintains the MDI designations of current MDI.

## Effects PRIA read

- Clear 51% Ownership Rule for MDIs: benefit, medium. The OCC now defines a Minority Depository Institution (MDI) for national banks and Federal stock savings associations as being at least 51 percent owned by one or more socially and economically disadvantaged individuals, aligning the policy with section 308 of FIRREA. The statute does not presume a…
- Current MDIs Kept (Grandfathered): benefit, medium. Banks that had an MDI designation the day before this policy statement was issued may keep their MDI designations. OCC examiners may reassess a maintained designation if the facts underlying the designation undergo a material change.
- How Investments Count Toward 51% Rule: cost, medium. An investment in an MDI by a natural person only counts toward the 51 percent ownership threshold if that natural person is a socially and economically disadvantaged individual. An investment by a corporation, partnership, or entity only counts if that entity is itself an MDI or is at least 51 perc…
- Mutual Savings Association MDI Test: benefit, low. A Federal mutual savings association is an MDI if the majority of its board of directors, its account holders, and the community it services are predominantly minority. The policy cites FIRREA section 306's definition of 'minority' to mean Black American, Native American, Hispanic American, or Asia…
- Foreign-Owned Subsidiaries Excluded: cost, low. The policy states that, in addition to other requirements, an MDI may not be a U.S. subsidiary of a foreign-owned bank.
- Two-Step Process to Form and Designate New MDIs: benefit, low. To form a de novo bank and get MDI designation you must (1) file an application and receive OCC approval to form the bank from OCC's Chartering, Organization & Structure team, and (2) request a separate MDI designation; the OCC will provide an MDI designation letter if the applicant demonstrates th…

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## Sources
- [2026-12364 on federalregister.gov](https://www.federalregister.gov/documents/2026/06/22/2026-12364/occ-policy-statement-on-minority-depository-institutions)
- [2026-12364 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-06-22/pdf/2026-12364.pdf)

## Related
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- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-12364 (as of 2026-06-29).
