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
The Fed Held. The Mortgage Market Got A Warning.

Three policymakers favored an immediate hike, while Warsh welcomed higher bond yields and offered no clear path toward mortgage-rate relief

Jul 30, 2026
New Study Finds UWM's 'All-In' Triggered Industrywide Pricing Spillovers

Research shows wholesale competitors responded to the 2021 Rocket ban by lowering mortgage rates,

Jul 15, 2026
First Major Housing Reform In Decades Becomes Law Without Trump's Signature

Bipartisan ROAD to Housing Act advances supply, construction, and mortgage reforms despite White House protest

Jul 10, 2026
Mortgage Star Conference Honors Women Shaping The Future Of Mortgage Leadership

MWLC honors leaders driving innovation, mentorship, and growth across the mortgage industry

Jul 09, 2026
June Jobs Report Improves Mortgage Rate Outlook

Slower hiring strengthens bonds and eases concerns over additional Fed tightening

Jul 02, 2026
NEXA Founder Mike Kortas Launches evoLend To Help Originators Retain Borrowers

New Fannie Mae-, Freddie Mac- and Ginnie Mae-approved mortgage servicer aims to keep originators connected to borrowers through servicing data, payoff visibility and retention tools

Jul 02, 2026