Retreat but Not Reversal by FDIC on Private Equity

On August 26, 2009, the Federal Deposit Insurance Corporation (“FDIC”) issued its Final Statement of Policy on Qualifications for Failed Bank Acquisitions (“Final Rules”). The Final Rules signal a retreat, but not a reversal, of the disparate treatment afforded private equity backed bids on failed bank transactions, as compared to bids from strategic acquirors.

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FDIC Approves Policy on the Acquisition of Failed Depository Institutions

Today the Federal Deposit Insurance Corporation (FDIC) approved a final statement of policy on the acquisition of failed insured depository institutions.  The FDIC's press release states that the "policy statement provides guidance to investors interested in acquiring or investing in the deposit liabilities of failed banks or thrifts about the standards they will be expected to meet in order to qualify to bid on a failed institution."

Click here for today's press release, and click here for the actual policy statement. 

Term Asset-Backed Securities Loan Facility Extended

The Federal Reserve Board and Treasury Department jointly announced an extension to the Term Asset-Back Securities Loan Facility (commonly referred to as TALF), noting that they "do not anticipate any further additions to the types of collateral that are eligible for the facility," according to today's press release. TALF loans had previously been authorized through December 31, 2009, but today's move extends TALF loans against newly issued asset back securities and legacy commercial back securities through March 31, 2010. TALF loans against newly issued commercial mortgage back securities are now extended through June 30, 2010.
 
Click here for today's Federal Reserve Board and Treasury Department press release.

Over-the-Counter Derivatives Regulation Sent to Capitol Hill

Today draft regulatory reform legislation on over-the-counter (OTC) derivatives, including credit default swaps, was sent to Capitol Hill.  The Treasury Department release states that the "legislation will provide for regulation and transparency for all OTC derivative transactions; strong prudential and business conduct regulation of all OTC derivative dealers and other major participants in the OTC derivative markets; and improved regulatory and enforcement tools to prevent manipulation, fraud, and other abuses in these markets.

Click here for a detailed outline of the legislation released by the Treasury Department, and click here for the actual draft language.