Questions and Answers 100% Pass
IAP (Institution Affiliated Party) Restrictions - Section 19 - ANSWER✔✔-
Section 19 prevents without prior FDIC consent a person convicted of (or
pretrial diversion of) crime involving:
dishonesty
breach of trust
money laundering
from becoming or continuing as IAP, owning/controlling a bank or
otherwise participating in bank affairs.
Application to continue to serve not required for if all:
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,only one conviction for covered offense
offence did not involve bank/CU
Punishable by 1 yr or less jail and or fine <$1M and no time served
Conviction at least 5 years prior
Writing bad checks will be included if total amount of checks was $1M or
less and no bank was payee
Section 8(e) action may be taken only when it is determined after notice
and hearing that: - ANSWER✔✔-1. The IAP has violated any law or
regulation, any final C&D orer, any condition imposed in writing for
application, any written agreement, participated in any unsafe and
unsound practice OR breached fiduciary duty AND
2. by reason of above, IDI has or will probably suffer financial loss,
interests of depositors prejudiced OR party has received financial
gain/benefit AND
3. violation involves personal dishonesty on the part of IAP or
demonstrates willful or continuing disregard for S&S of institution.
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, Call Report Fines - ANSWER✔✔-Tier 1 - $519/day for first 15 days late,
$1,039/day 16+.
For banks <$25MM $173/day to $346M or 1/500th of TA
Increase @ 2nd offense in 5 preceding quarters
865 for 1st 15 days, $1,731/day. <$250M 1/500th then 1/250th
False or misleading - Tier 1 - not more than $3,787/day
Tier 2 - $37,872/day
Tier 3 lesser of $1,893,610 or 1% of TA/day
CMP recommendations should only be initiated when the finable violation
is believed ot meet the test of gravity, incl consideration of the 12 factors,
and the existence of any one of the following criteria: - ANSWER✔✔-The
violations causes the bank to suffer substantial financial loss
The violations are will, flagrant, or otherwise evidence bad faith on the part
of bank/individual
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