Our bank donates money to various fundraising events of local organizations and clubs. In exchange, our logo is listed as a sponsor on the organizations’ websites and at the event. If our logo is posted in a group of logos of other sponsors on their website or on a banner at the event, do we need to include “Member FDIC” as part of our logo? Is this still considered a commercial message? If our logo is listed on the organization’s website, and the logo is linked to our website, do we need to include member FDIC in the logo?

No, we do not believe that your bank is required to include the “Member FDIC” statement on third party websites and banners promoting a fundraising event, provided that your bank name or logo is featured without a tagline or other promotional language. However, if you use your bank logo and it incorporates a tagline, we believe that the FDIC would expect you to include the “Member FDIC” statement.

The FDIC’s Advertisement of Membership rule requires banks to include the “Member FDIC” or “Member of FDIC” statement in “advertisements” (with certain exceptions). The rule defines an “advertisement” as “a commercial message, in any medium, that is designed to attract public attention or patronage to a product or business.” Specifically with respect to websites, the FDIC issued an Advisory Opinion declaring that the “Member FDIC” statement should appear on any website page “that touts either the bank itself or one of its products or services.”

We contacted an attorney at the FDIC who worked on the 2006 final rule that added its “advertisement” definition. He informed us that as a rule of thumb, if a fundraising website or banner features a bank’s name or logo alone, without any tagline, then it would not be considered an advertisement. But if the website or banner were to include a tagline along with the bank’s name or logo (such as “Anytown Bank offers a full range of banking services”), then it should be treated as an advertisement and should include the “Member FDIC” statement. While he acknowledged that some taglines do not mention any banking services whatsoever, he advised that the “safest route” is to either display the bank’s name or logo alone, without a tagline, or to use the “Member FDIC” statement when the bank name or logo is accompanied by a tagline.

Accordingly, an event website or banner that simply lists your bank name or logo without a tagline would not be viewed by the FDIC as an advertisement designed to promote your bank’s products or services. Rather, it would be considered to be like a directory listing (which is exempt from the FDIC rule) which was designed to simply inform the public that your bank is an entity that is sponsoring the event. However, if your bank combines its name with a tagline, or if you use a bank logo that incorporates a tagline, we believe you should follow the FDIC’s guidance and include the “Member FDIC” statement.

For resources related to our guidance, please see:

FDIC Advertisement of Membership Rules, 12 CFR 328.3(c) (Except as provided in §328.3(d), each insured depository institution shall include the official advertising statement prescribed in §328.3(b) in all advertisements that either promote deposit products and services or promote non-specific banking products and services offered by the institution. For purposes of this §328.3, an advertisement promotes non-specific banking products and services if it includes the name of the insured depository institution but does not list or describe particular products or services offered by the institution. An example of such an advertisement would be, ‘Anytown Bank, offering a full range of banking services.’”)

FDIC Advertisement of Membership Rules, 12 CFR 328.3(a) (“Advertisement” means “a commercial message, in any medium, that is designed to attract public attention or patronage to a product or business.”)

FDIC Advisory Opinion, FDIC 00-10 — Whether the Rule Regarding the Use of the FDIC Logo Apply to Insured Institution Web Sites (November 3, 2000) (“We believe that in virtually all cases a bank’s home page is a notice designed to attract public attention or patronage and thus is an advertisement for purposes of part 328. . . . These principles apply equally to subsidiary pages of a bank’s web site. Pages advertising exclusively deposit products, electronic banking services, ATMs, or providing general information about the bank would normally require the official advertising statement. Indeed any web page advertisement not subject to an exception should contain the official advertising statement.”) The FDIC has informed the IBA that it has removed all of its advisory opinions from its website due to a high risk of staleness. We have provided links to archived versions of the advisory opinions for your convenience. If you have a question about an advisory opinion, the FDIC recommends that you contact your FDIC Field Office, which you can find by clicking here.

FDIC Advertisement of Membership Rules, 12 CFR 328.3(d)(4) (“The following types of advertisements do not require use of the official advertising statement: . . . . (4) Listings in directories; . . .”)