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
Congress Nears Final Vote On 21st Century ROAD to Housing Act

Senate voted 87-8 to advance House-amended package, with final votes expected in coming days

Jun 17, 2026
Florida Pending Sales Signal Strong Summer Housing Market

Closed sales rise for a ninth straight month as inventory gives buyers more negotiating power

Jun 16, 2026
Trump Taps Former CFPB Deputy Brian Johnson To Lead Bureau

MBA backs the nomination as lenders await clarity on the future direction of consumer finance regulation under the Trump administration

Jun 12, 2026
Trump Names FHFA Director Bill Pulte Acting Director Of National Intelligence

FHFA director will continue overseeing Fannie Mae and Freddie Mac while serving as acting director of national intelligence

Jun 02, 2026
Realtor.com Launches AI Home Search Platform Built With Google

New RealAssist tool combines AI, affordability guidance and Google Maps data to engage buyers before they reach lenders

Jun 02, 2026
Another MLS Challenges Zillow In Fight Over Listing Visibility

Realtracs joins MRED in pushing back on Zillow's listing policies, a battle with potential implications for the broader homebuying and mortgage ecosystem

May 29, 2026