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



by Julius L. Loeser
Cadwalader, Wickersham & Taft LLP - New York Office

Steven David Lofchie
Cadwalader, Wickersham & Taft LLP - New York Office

Maurine R. Bartlett
Cadwalader, Wickersham & Taft LLP - New York Office

Bryan T. Shipp
Cadwalader, Wickersham & Taft LLP - 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.


 

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