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The FDIC's Statement of Policy on Qualifications for Failed Bank Acquisitions


by Julius L. Loeser View Biography
Steven David Lofchie View Biography
Maurine R. Bartlett View Biography
Bryan T. Shipp View Biography
Cadwalader, Wickersham & Taft LLP View Firm Credentials
New York Office

September 1, 2009

Previously published on August 31, 2009

The Board Of Directors of the Federal Deposit Insurance Corporation ("FDIC") has adopted its final Statement of Policy on Qualifications for Failed Bank Acquisitions (the "Acquisition Policy Statement") by a 4-1 vote. As adopted, the Acquisition Policy Statement applies to investments by "private capital investors," which term appears to be the FDIC's name for private equity funds ("PEFs"), albeit the scope of application of the Acquisition Policy Statement remains unclear (as discussed in Section II of this memorandum) and will afford the regulators considerable discretion in its application.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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