The Industrial Loan Company (ILC) charter dates back to the late 1950s, when the FDIC began insuring ILC deposits. Over the years, competitive fears and changing Administrations have caused the charter's use to wax and wane. The current Administration is focused on deregulation, innovation, and open-market opportunity. This outlook has sparked renewed interest in these banking charters.
The ILC charter and regulation
An ILC is a state financial institution that may be chartered in one of seven States – Utah, Nevada, California, Colorado, Minnesota, Hawaii, and Indiana. Utah hosts the majority of active charters. The States require the ILCs' deposits to be insured by the Federal Deposit Insurance Corporation (FDIC). As a result, the FDIC has federal supervisory oversight.
Information regarding ILCs under Title 12 of the United States Code (USC) can be found within the provisions governing the FDIC and the Bank Holding Company Act (BHCA).
BHCA key items:
- ILCs are excluded from the definition of a bank in the BHCA:
- They must be organized in one of the seven States under the statute and required to have FDIC insurance, and
- Have assets under $100 million or cannot accept demand deposits (either one).
- Because of this exemption, a company (parent) can own or control an ILC without being classified as a bank holding company (BHC). As a result, this allows commercial firms to own a bank-like entity without being subject to Federal Reserve supervision.
FDIC key items:
- Along with the ILC’s state supervisory, they are supervised by the FDIC, subject to the Federal Deposit Insurance Act
- As an insured and federally supervised bank, they must file a call report (FFIEC 031 041 or 051)
- ILCs are also subject to restrictions on transactions with affiliates
- Parents must show they are a “source of strength” to the ILC.
- The ILC Parent must enter into a written agreement with the FDIC
- The Parent must maintain the ILC’s capital and liquidity at levels the FDIC deems appropriate
- Provide an annual report on operations, a list of subsidiaries, and such
- They must consent to examinations
With the change in Administration, the FDIC was tasked with reviewing the ILC regulations. As a result, in 2025, the FDIC withdrew the previous Administration’s 2024 proposal, which would have imposed stricter regulations on ILCs and their parents. Later in 2025, the FDIC posted a Request for Information (RFI) on ILCs and their parent companies. The FDIC is soliciting comments on its approach to evaluating the statutory factors applicable to certain ILC filings.