FDIC Alert! The Federal Deposit Insurance Corporation (FDIC) today released the public sections of resolution plans of 21 large insured depository institutions due by December 1, 2022. Each resolution plan, commonly known as a “living will”
The Federal Deposit Insurance Corporation (FDIC) today released the public sections of resolution plans of 21 large insured depository institutions due by December 1, 2022.
FDIC regulations require a covered insured depository institution to submit a resolution plan under which the FDIC, as receiver, might resolve the institution under the Federal Deposit Insurance Act in a way that provides depositors timely access to their insured deposits, maximizes returns on the sale or disposition of assets, and minimizes creditor losses.
Resolution plans are divided into public and confidential sections. To foster transparency, the FDIC has required each covered insured depository institution’s public section to summarize certain elements of the resolution plan.
Section 165(d) of Title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), as amended by the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA), requires certain nonbank financial companies, and bank holding companies with total consolidated assets of $250 billion or more, to submit resolution plans periodically to the FDIC, the Federal Reserve Board, and the Financial Stability Oversight Council. In addition, under EGRRCPA, the Federal Reserve Board may apply any enhanced prudential standard (including the Section 165(d) resolution plan submission requirement) to any firm with total consolidated assets equal to or greater than $100 billion but less than $250 billion if the Federal Reserve Board determines that application of the prudential standard is appropriate to prevent or mitigate risks to the financial stability of the United States, or to promote safety and soundness.
The DFA requires the FDIC and the Federal Reserve Board to review resolution plans submitted under Section 165(d), and we may jointly make a determination of whether a plan is not credible or would not facilitate an orderly resolution of the firm under the U.S. Bankruptcy Code. Each resolution plan, commonly known as a “living will”, submitted under Section 165(d) must describe the firm’s strategy for rapid and orderly resolution under the U.S. Bankruptcy Code in the event of material financial distress or failure of the company. These living wills must include both confidential and public sections.
All public sections of resolution plans submitted by firms pursuant to Section 165(d) of the DFA, or pursuant to Section 360.10 of the FDIC’s Rules and Regulations (IDI Rule), are available on the FDIC’s website. This includes public sections submitted by firms that are no longer subject to resolution plan submission requirements under Section 165(d) of the DFA or under the IDI Rule. The public sections available on the FDIC’s website have not been edited or reviewed by the FDIC and are provided exactly as submitted by the companies.