We believe that “Member FDIC” signs displayed in required locations may vary the colors of the text and background, provided that customers can still recognize the sign.

The official FDIC sign, as described in the FDIC’s regulations, includes “black lettering and gold background.” However, “an insured depository institution may display signs that vary from the official sign in size, color, or material at any location where display of the official sign is required or permitted,” although a sign displayed in a required location “must not be smaller in size than the official sign and must have the same color for the text and symbols.” “These requirements are intended to ensure that customers are able to recognize the sign.” Consequently, we believe an FDIC sign displayed in a required location may vary the letter and background color, provided that customers can still recognize the sign.

For resources related to our guidance, please see:

• FDIC Regulations, 12 CFR 328.1(a) (“The official sign referred to in this part shall be 7″by 3″in size, with black lettering and gold background. . . .”)

• FDIC Regulations, 12 CFR 328.2(a) (“Each insured depository institution shall continuously display the official sign at each station or window where insured deposits are usually and normally received in the depository institution’s principal place of business and in all its branches.”)

• FDIC Regulations, 12 CFR 328.2(a)(1)(i) (“In addition to locations where display of the official sign is required under this § 328.2(a), an insured depository institution may display the official sign in other locations at the institution.”)

• FDIC Regulations, 12 CFR 328.2(a)(2) (“Instead of displaying the official sign, an insured depository institution may display signs that vary from the official sign in size, color, or material at any location where display of the official sign is required or permitted under this § 328.2(a). However, any such varied sign that is displayed in locations where display of the official sign is required under this § 328.2(a) must not be smaller in size than the official sign and must have the same color for the text and symbols.”)

• FDIC, Final Rule, Advertisement of Membership, 71 Fed. Reg. 66098, 66100 (November 11, 2006) (“The final rule permits an institution to display signs varying in size, color, or material from the specifications for the official sign in § 328.1 at stations or windows where insured deposits are received. However, in locations where display of the official sign is required under § 328.2(a), the final rule prohibits variations in size that are smaller than the official sign. In the required locations, signs must also use the same color for the text and symbols. These requirements are intended to ensure that customers are able to recognize the sign.”)