Bank Asset Acquisitions by Private Equity and Other Non-Bank Investors
Navigating Federal Regulations and Policies in Structuring Transactions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE seminar will analyze the legal challenges that private equity funds and other non-bank investors face when investing in financial institutions, recent changes in regulatory policy and asset sale programs, optimal investment deal structures, and best practices for dealing with the banking regulators.
- Obstacles for non-bank investors in banking organizations
- Consequences of “control” by investor
- Control rules
- Solutions to control dilemma
- Federal Reserve Policy Statement (September 2008)
- FDIC Statement of Policy (August 2009) applicable to private equity
- Capital commitment
- Source of strength
- Cross support liability
- Transactions with affiliates
- Term of ownership
- Prohibited ownership structures
- Required disclosures
- FDIC sale of distressed assets of failed institution receiverships
- Loan portfolio sales
- Structured loan transaction program
- Legacy loan program pilot
The panel will review these and other key questions:
- How can private investor deals be structured to avoid the control rules of the BHCA or the SLHCA?
- How do federal regulators judge proposed private equity investments?
- Will the FDIC's August 2009 Policy Statement on private equity investments encourage more private equity and other non-bank investors to look at failing financial institutions?
- How can private investors purchase loans from the FDIC?
Hogan & Hartson
His practice involves representing financial services and technology clients in a variety of corporate and securities... | Read More
His practice involves representing financial services and technology clients in a variety of corporate and securities matters, including mergers and acquisitions, initial and follow-on public offerings, and other public and private financing transactions. He has extensive experience representing issuers in international public offerings and private placements of equity securities.Close
Beth S. DeSimone
She practices in the financial institutions area where she structures and negotiates mergers and acquisitions and... | Read More
She practices in the financial institutions area where she structures and negotiates mergers and acquisitions and investments of financial services companies. She specializes in establishing new financial institutions and nonbank subsidiaries. She also drafts or reviews necessary corporate documentation and regulatory applications for de novo entities, investments and mergers and acquisitions.Close
to be announced.