---
kind: "section"
citation: "12 C.F.R. § 336.4"
title: "12"
number: "336.4"
heading: "Minimum standards for appointment to a position with the FDIC."
url: "https://uscodex.org/cfr/12/336.4"
---

# §336.4. Minimum standards for appointment to a position with the FDIC.

- (a) No person shall become employed on or after June 18, 1994, by the FDIC or otherwise perform any service for or on behalf of the FDIC who has:
  - (1) Been convicted of any felony;
  - (2) Been removed from, or prohibited from participating in the affairs of, any insured depository institution pursuant to any final enforcement action by any appropriate federal banking agency;
  - (3) Demonstrated a pattern or practice of defalcation regarding obligations to insured depository institutions; or
  - (4) **Caused a substantial loss to federal deposit insurance funds.**
- (b) Prior to an offer of employment, any person applying for employment with the FDIC shall sign a certification of compliance with the minimum standards listed in [paragraphs (a)(1) through (4)](#a-1..a-4) of this section. In addition, any person applying for employment with the FDIC shall provide as an attachment to the certification any instance in which the applicant, or a company under the applicant's control, defaulted on a material obligation to an insured depository institution within the preceding five years.
- (c) Incumbent employees who separate from the FDIC and are subsequently reappointed after a break in service of more than three days are subject to the minimum standards listed in [paragraphs (a)(1)](#a-1) though (4) of this section. The former employee is required to submit a new certification statement including attachments, as provided in [paragraph (b)](#b) of this section, prior to appointment to the new position.

## Notes

### Authority

Authority: 12 U.S.C. 1819 (Tenth), 1822(f).

### Source

Source: 61 FR 28728, June 6, 1996, unless otherwise noted.