Bank Acquisitions, Resolutions, and Receiverships
Under the Federal Deposit Insurance Act, the Federal Deposit Insurance Corporation (FDIC) has a three-fold mission to (1) insure deposits, (2) examine and supervise state-chartered financial institutions, and (3) manage receiverships. Following the closure of an Institutions by their chartering authority – the state regulator, the Office of the Comptroller of the Currency, the FDIC responds to protect insured depositors, and manage the disposition of bank assets. The FDIC has several options for resolving institution failures, but the one commonly used is to sell deposits and loans of the failed institution to another banking institution. Customers of the failed institution automatically become customers of the assuming institution.
Related Issues
- Charter Choice / Preserving the Dual Banking System and defending OCC's preemption authority
- OCC Shelf Charter November 11, 2008
Bank Resolutions & Receivership
Loss Share
ABA/FDIC Conference Call
ABA hosted a conference call on Wednesday, September 2, 2009 with representatives from the FDIC Division of Resolutions and Receiverships to educate banks on the procedures for whole bank acquisitions and loss share agreements. The call reviewed the franchise marketing process, bid list criteria, due diligence, and structuring transactions, including whole bank, whole bank with loss share, purchase with assumption (P&A) with optional loan pools, and clean P&A.
Click here to download the ABA/FDIC conference call materials.
FDIC Materials
- FDIC Loss Share Data Specifications
- FDIC Loss Sharing Agreements: A Primer Summer 2010
- Loss-Share Questions and Answers June 24, 2010
- FDIC Encourages Loss-Share Partners to Provide Forbearance to Unemployed Borrowers September 11, 2009
If you have questions about Loss Share Data Reporting Requirements:
- Contact your assigned FDIC specialist, or
- Send your questions by email to data_focus_group@fdic.gov
For further information, contact Denyette DePierro or (202) 663-5333.

