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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
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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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