Second question:
You can't change the layout or content of the official sign when you post it at required locations. The "symbol" of the FDIC -- the logo plus the text above and below -- can be used as the "official advertising statement" in your ads (in place of "Member FDIC").
First question: I agree that the regulation might have been a bit clearer. The same question has been asked several times by several of our readers. That may provoke the FDIC to clarify its meaning. However, I think a reasonable interpretation is that, if the FDIC wanted to say the graphics on the sign had to be black (the color used for the official version), it would have said so. Like Henry Ford, they could have said "any color, as long as it's black." Therefore, I believe you can use any color for the text and graphics on the sign, as long as you use the same color for both. So the sign could be black on gold (as in the official version), or gold on black, or red on green. It just can't be "Color X" text and "Color Y" graphics on a "Color Z" background.
It's also important to realize that the reason for the "same color for text and graphics" requirement is to ensure that the signs are legible. That suggests that you won't get by with text, graphics and background color combinations that create illegibility -- such as navy text and graphics on a black background (even though the wording of the regulation might permit it).
If someone from the FDIC is reading this, I invite an email to
john@bankersonline.com if you'd like to clarify this issue.