Our marketing department has asked Compliance for clarification on advertising for investment products or services. We have always required use of the not disclosures on advertisements that make any reference to trust and investment services. Specifically, marketing would like to know if these disclosures can be omitted from posters, ads, brochures, etc. that only reference investments services. For example, are these disclosures required when we have a poster that says something like "We offer loan, deposit, and investment services." These aren't talking about any specific products, just the availability of these services or products. I've looked for additional clarification on the RNDIP Interagency Guidance, but have not been able to find anything. The guidance mostly addresses disclosures for products, and doesn't flesh out what constitutes product advertising. Can anyone provide me additional guidance?

https://www.fdic.gov/regulations/laws/rules/5000-4500.html

Advertisements and Other Promotional Material. Advertisements and other promotional and sales material, written or otherwise, about nondeposit investment products sold to retail customers should conspicuously include at least the minimum disclosures discussed above and must not suggest or convey any inaccurate or misleading impression about the nature of the product or its lack of FDIC insurance. The minimum disclosures should also be emphasized in telemarketing contacts. Any third party advertising or promotional material should clearly identify the company selling the nondeposit investment product and should not suggest that the depository institution is the seller. If brochures, signs, or other written material contain information about both FDIC-insured deposits and nondeposit investment products, these materials should clearly segregate information about nondeposit investment products from the information about deposits.

This is the guidance that I have - so do you interpret this to mean any mention of an investment service or product requires disclosure? That has been our stance, but I want to make sure that is not stricter than necessary.

Well, I am not sure how the following are not "Advertisements and Other Promotional Material"

"Specifically, marketing would like to know if these disclosures can be omitted from posters, ads, brochures, etc. that only reference investments services. For example, are these disclosures required when we have a poster that says something like "We offer loan, deposit, and investment services."

Not to mention that you are mentioning FDIC insured products (i.e., deposits) and NDIPs (i.e., investments) on the same poster.

Thank you, Randy. I appreciate your help!