12 C.F.R. § 328.3 Mandatory requirements with regard to the official advertising statement and manner of use by banks.
Title 12 - Banks and Banking
(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]
Title 12: Banks and Banking
PART 328—ADVERTISEMENT OF MEMBERSHIP
§ 328.3 Mandatory requirements with regard to the official advertising statement and manner of use by banks.
