12 CFR § 363.6 - Discretion to exempt certain insured depository institutions from this part.

---
identifier: "/us/cfr/t12/s363.6"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 363.6 - Discretion to exempt certain insured depository institutions from this part."
title_number: 12
title_name: "Banks and Banking"
section_number: "363.6"
section_name: "Discretion to exempt certain insured depository institutions from this part."
chapter_name: "FEDERAL DEPOSIT INSURANCE CORPORATION"
subchapter_number: "B"
subchapter_name: "REGULATIONS AND STATEMENTS OF GENERAL POLICY"
part_number: "363"
part_name: "ANNUAL INDEPENDENT AUDITS AND REPORTING REQUIREMENTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 1831m."
regulatory_source: "74 FR 35745, July 20, 2009, unless otherwise noted."
cfr_part: "363"
---


# 363.6 Discretion to exempt certain insured depository institutions from this part.

If an insured depository institution likely will no longer be subject to a requirement of this part as a result of the application of a threshold adjusted in accordance with § 314.1 of this chapter that is scheduled to occur during the insured depository institution's current fiscal year, the appropriate Federal banking agency with respect to the insured depository institution may exercise discretion to not require compliance from the insured depository institution with respect to such requirement as of the beginning of the insured depository institution's current fiscal year. If the insured depository institution's total assets exceed such a threshold subsequent to the threshold adjustment occurring, the insured depository institution would be required to comply with the relevant requirement notwithstanding this section, unless the appropriate Federal banking agency again drew the same conclusion with respect to a future threshold adjustment.

[90 FR 55811, Dec. 4, 2025]