12 C.F.R. PART 328—ADVERTISEMENT OF MEMBERSHIP
Title 12 - Banks and Banking
Authority: 12 U.S.C. 1819; 12 U.S.C. 1828(a), as amended by sec. 221, Pub. L. 101–73, 103 Stat. 183.
The regulation contained in this part describes the official signs of the FDIC and prescribes their use by insured depository institutions. It also prescribes the official advertising statement insured banks must include in their advertisements. Insured banks which maintain offices that are not insured in foreign countries are not required to include the advertising statement in advertisements published in foreign countries. For purposes of this part 328, the term insured bank includes a foreign bank having an insured branch. [54 FR 33670, Aug. 16, 1989] (a) Official bank sign. The official sign referred to in this paragraph (bank sign) shall be 7&inch; by 3&inch; in size and of the following design: The symbol of the Corporation shall be that portion of the official bank sign represented by the letters and the Corporation seal contained upon the official bank sign. (b) Official savings association sign. The official sign referred to in this paragraph (savings association sign) shall be 5 [54 FR 33670, Aug. 16, 1989, as amended at 57 FR 45977, Oct. 6, 1992] (a) Insured banks to display official sign. Each insured bank shall continuously display an official bank sign or an official savings association sign at each station or window where insured deposits are usually and normally received in its principal place of business and in all its branches, except on automatic service facilities including automated teller machines, cash dispensing machines, point-of-sale terminals, and other electronic facilities where deposits are received. However, no bank becoming an insured bank shall be required to display such an official sign until twenty-one (21) days after its first day of operation as an insured bank. An official sign may be displayed by an insured bank prior to the date display is required. Additional bank signs or savings association signs may be displayed in other locations within an insured bank in other sizes, colors, or materials. An insured bank may display an official sign at a remote service facility, provided that if there are any noninsured institutions which share in the remote service facility, any insured bank which displays the official bank sign must clearly show that the sign refers only to a designated insured bank or banks. (b) Obtaining official signs. (1) Any insured bank may procure official bank signs with black letters on a gold background or official savings association signs with black letters, stars, and eagle, on a gold background, from the Corporation for official use at no charge. The Corporation shall furnish to banks an order blank for use in procuring the official signs. Any bank which promptly, after the receipt of the order blank, fills it in, executes it, and properly directs and forwards it to the Federal Deposit Insurance Corporation, Washington, DC 20429, shall not be deemed to have violated this regulation on account of not displaying an official sign, or signs, unless the bank shall omit to display such official sign or signs after receipt thereof. (2) Official signs or signs reflecting variations in size, colors, or materials may be procured by insured banks from commercial suppliers. (c) Receipt of deposits at same teller's station or window as noninsured bank or institution. An insured bank is forbidden to receive deposits at any teller's station or window except a remote service facility as defined in §303.0(b)(18) of this chapter, where any noninsured insitution receives deposits or similar liabilities. (d) Required changes in official sign. The Corporation may require any insured bank, upon at least 30 days' written notice, to change the wording of its official signs in a manner deemed necessary for the protection of depositors or others. [54 FR 33670, Aug. 16, 1989, as amended at 57 FR 45977, Oct. 6, 1992] (a) Insured banks to include official advertising statement in all advertisements except as provided in paragraph (c) of this section. Each insured bank shall include the official advertising statement, prescribed in paragraph (b) of this section, in all of its advertisements except as provided in paragraph (c) of this section. (1) An insured bank is not required to include the official advertising statement in its advertisements until thirty (30) days after its first day of operation as an insured bank. (2) In cases where the Board of Directors of the Federal Deposit Insurance Corporation shall find the application to be meritorious, that there has been no neglect or willful violation in the observance of the section and that undue hardship will result by reason of its requirements, the Board of Directors may grant a temporary exemption from its provision to a particular bank upon its written application setting forth the facts. For the procedure to be followed in making such application see §303.8 of this chapter. (3) In cases where advertising copy not including the official advertising statement is on hand on the date the requirements of this section become operative, the insured bank may cause the official advertising statement to be included by use of a rubber stamp or otherwise. (4) When a foreign bank has both insured and noninsured U.S. branches, the bank must identify which branches are insured and which branches are not insured in all of its advertisements requiring the use of the official advertising statement. (b) Official advertising statement. The official advertising statement shall be in substance as follows: “Member of the Federal Deposit Insurance Corporation”. The word “the” or the words “of the” may be omitted. The words “This bank is a” or the words “This institution is a” or the name of the insured bank followed by the words “is a” may be added before the word “member”. The short title “Member of FDIC” or “Member FDIC” or a reproduction of the “symbol” may be used by insured banks at their option as the official advertising statement. The official advertising statement shall be of such size and print to be clearly legible. Where it is desired to use the “symbol” of the Corporation as the official advertising statement, and the “symbol” must be reduced to such proportions that the small lines of type and the Corporation seal therein are indistinct and illegible, the Corporation seal in the letter C and the two lines of small type may be blocked out or dropped. (c) Types of advertisements which do not require the official advertising statement. The following is an enumeration of the types of advertisements which need not include the official advertising statement: (1) Statements of condition and reports of condition of an insured bank which are required to be published by State or Federal law; (2) Bank supplies such as stationery (except when used for circular letters), envelopes, deposit slips, checks, drafts, signature cards, deposit passbooks, certificates of deposit, etc.; (3) Signs or plates in the banking office or attached to the building or buildings in which the banking offices are located; (4) Listings in directories; (5) Advertisements not setting forth the name of the insured bank; (6) Display advertisements in bank directory, provided the name of the bank is listed on any page in the directory with a symbol or other descriptive matter indicating it is a member of the Federal Deposit Insurance Corporation; (7) Joint or group advertisements of banking services where the names of insured banks and noninsured banks or institutions are listed and form a part of such advertisements; (8) Advertisements by radio which do not exceed thirty (30) seconds in time; (9) Advertisements by television, other than display advertisements, which do not exceed thirty (30) seconds in time; (10) Advertisements which are of the type or character making it impractical to include thereon the official advertising statement including, but not limited to, promotional items such as calendars, matchbooks, pens, pencils, and key chains; (11) Advertisements which contain a statement to the effect that the bank is a member of the Federal Deposit Insurance Corporation, or that the bank is insured by the Federal Deposit Insurance Corporation, or that its deposits or depositors are insured by the Federal Deposit Insurance Corporation to the maximum of $100,000 for each depositor; (12) Advertisements relating to the making of loans by the bank or loan services; (13) Advertisements relating to safekeeping box business or services; (14) Advertisements relating to trust business or trust department services; (15) Advertisements relating to real estate business or services; (16) Advertisements relating to armored car services; (17) Advertisements relating to service charges or analysis charges; (18) Advertisements relating to securities business or securities department services; (19) Advertisements relating to travel department business, including traveler's checks on which the bank issuing or causing to be issued the advertisement is not primarily liable; (20) Advertisements relating to savings bank life insurance. (d) Outstanding billboard advertisements. Where an insured bank has billboard advertisements outstanding which are required to include the official advertising statement and has direct control of such advertisements either by possession or under the terms of a contract, it shall, as soon as it can consistent with its contractual obligations, cause the official advertising statement to be included therein. (e) Official advertising statement in non-English language. The non-English equivalent of the official advertising statement may be used in any advertisement: Provided, That the translation has had the prior written approval of the Corporation. >(Sec. 3(m), 9, 64 Stat. 881; 12 U.S.C. 1813(m), 1819) [32 FR 10189, July 11, 1967, as amended at 45 FR 23645, Apr. 8, 1980; 46 FR 37876, July 23, 1981. Redesignated and amended at 54 FR 33670, Aug. 16, 1989] (a) Insured savings associations to display official savings association sign. Each insured savings association shall continuously display an official savings association sign at each station or window where insured deposits are usually and normally received in its principal place of business and at all of its branches, except on automatic service facilities including automated teller machines, cash dispensing machines, point-of-sale terminals, and other electronic facilities where deposits are received. However, no savings association becoming an insured savings association as a result of the enactment of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 or otherwise, shall be required to display an official savings association sign until twenty-one (21) days after its first day of operation as an insured savings association. The official savings association sign may be displayed by any insured savings association prior to the date display is required. Additional savings association signs in other sizes, colors, or materials, may be displayed in other locations within an insured savings association. An insured savings association may display the official savings association sign at a remote service facility, provided that if there are any noninsured institutions which share in the remote service facility, any insured savings association which displays the sign must clearly show that the official savings association sign refers only to a designated insured savings association or associations. (b) Obtaining official savings association signs. (1) Any insured savings association may procure official savings association signs with black letters, stars, and eagle, on a gold background from the Corporation for official use at no charge. The Corporation shall furnish to savings associations an order blank for use in procuring the official savings association sign. Any savings association which promptly, after the receipt of the order blank, fills it in, executes it, and properly directs and forwards it to the Federal Deposit Insurance Corporation, Washington, DC 20429, shall not be deemed to have violated this regulation on account of not displaying an official savings association sign, or signs, unless the savings association shall omit to display such official sign or signs after receipt thereof. (2) Official savings association signs or signs reflecting variations in size, colors, or materials may be procured by insured savings associations from commercial suppliers. (c) Receipt of deposits at same teller's station or window as noninsured institution. An insured savings association is forbidden to receive deposits at any teller's station or window except a remote service facility as defined in §303.0(b)(18) of this chapter, where any noninsured institution receives deposits or similar liabilities. (d) Required changes in official sign. The Corporation may require any insured savings association upon at least 30 days' written notice, to change the wording of its official signs in a manner deemed necessary for the protection of depositors or others. (e) Display of official bank sign by insured savings association prohibited. An insured savings association shall not display the bank sign at its principal place of business or at any of its branches. [54 FR 33672, Aug. 16, 1989, as amended at 57 FR 45977, Oct. 6, 1992]
Title 12: Banks and Banking
PART 328—ADVERTISEMENT OF MEMBERSHIP
Section Contents
§ 328.0 Scope.
§ 328.1 Official signs.
§ 328.2 Mandatory requirements with regard to the official sign and its display by banks.
§ 328.3 Mandatory requirements with regard to the official advertising statement and manner of use by banks.
§ 328.4 Mandatory requirements with regard to the display of the official savings association sign by insured savings associations.
§ 328.0 Scope.
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§ 328.1 Official signs.
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§ 328.2 Mandatory requirements with regard to the official sign and its display by banks.
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§ 328.3 Mandatory requirements with regard to the official advertising statement and manner of use by banks.
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§ 328.4 Mandatory requirements with regard to the display of the official savings association sign by insured savings associations.
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