ICBA Calls Out ILC Loophole in Federal Law – NMP Skip to main content

ICBA Calls Out ILC Loophole in Federal Law

Mar 11, 2019
The Independent Community Bankers of America (ICBA) published a white paper that explains the problems posed by industrial loan companies (ILCs) who gain federal approval for deposit insurance

The Independent Community Bankers of America (ICBA) published a white paper that explains the problems posed by industrial loan companies (ILCs) who gain federal approval for deposit insurance.
 
The white paper “Industrial Loan Companies: Closing the Loophole to Avert Consumer and Systemic Harm” points out that the Bank Holding Company Act enables commercial and fintech companies to own or acquire ILCs chartered in several states that are not to federal oversight. As a result, these entities can function as the equivalent of full-service banks, which the ICBA argues is a violation of federal policy of maintaining the separation of banking and commerce. The ICBA also noted that ICBA fintechs including Square, SoFi, and Nelnet have sought industrial loan company charters under Utah law and filed deposit insurance applications with the FDIC, which gives them federal safety net protection for their depositors’ funds while avoiding the legal restrictions that banks must operate under as part of the Bank Holding Company Act.
 
“The industrial loan company loophole allows commercial interests to own full-service banks while avoiding key regulations and consolidated supervision by the Federal Reserve—threatening the financial system and creating an uneven regulatory playing field,” ICBA President and CEO Rebeca Romero Rainey said. “Any company that wishes to own a full-service bank should be subject to the same restrictions and supervision that apply to any other bank holding company. To support a safe and sound financial system and to maintain the separation of banking and commerce, the FDIC should reinstate the moratorium on ILC applications and Congress should close this loophole for good.”

 
About the author
Published
Mar 11, 2019
CHLA: More Freddie Mac MBS Buying Could Narrow Mortgage Spreads

Trade group estimates greater Freddie participation could compress spreads another 10 to 12 basis points as Fannie has taken the lead in GSE mortgage-bond buying

Sep 23, 2026
Early Loan-Limit Race Splits Into Three Tiers

Lenders are now offering $845,000, $847,440, or $850,000 before FHFA sets the official 2027 limits

Sep 23, 2026
Better, Garg Clash Over Claimed 46% Shareholder Support

Better disputes its former CEO’s preliminary consent count as the two sides trade accusations and an Oct. 2 target date approaches

Sep 23, 2026
Fannie Changes How Rent From A Former Home Counts

Fannie now prohibits leases for departing residences and permits market-analysis tools instead of Form 1007, creating a key documentation difference from Freddie Mac

MPF Expands Eligibility For Manufactured And Renovation Loans

The Mortgage Partnership Finance Program has expanded MPF Traditional eligibility for affordable loans, manufactured homes, renovations, and lender-funded assistance

Sep 22, 2026