FDIC-Assisted Asset Sales
Leveraging Opportunities and Minimizing Risks in FDIC Loss-Share Transactions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide practitioners with an in-depth review of the FDIC's current asset sale process, the parameters of loss-share agreements, and evolving FDIC strategies for disposing of assets. The panel will outline how bidders and buyers can avoid potential pitfalls in acquiring assets from the FDIC.
Outline
- FDIC bid process
- Marketing and bidder contacts
- Due diligence
- Bid selection
- Types of transactions
- Assets typically excluded
- Loss-share agreements
- Typical terms of agreement
- First loss tranche
- Threshold amount
- Difference among loan types
- Reporting, loan modification and audit requirements
- Evolving FDIC strategies
- Change in terms of loss-share agreements
- Impact of changes on the investor
- FDIC post-sales audits
Benefits
The panel will review these and other key questions:
- What does the FDIC require of banks in the loss-sharing agreement and what steps should acquiring banks take to assure asset resolution?
- What are the peculiar due diligence challenges in FDIC-assisted transactions?
- How are the FDIC’s loss-sharing transactions evolving and what impact will this have on investors?
- Will the FDIC become more open toward private equity and will bids include multiple failed banks?
Faculty
Mark C. Kanaly
Partner
Alston & Bird
Mr. Kanaly's practice focuses on transactional and regulatory issues confronted by companies in the financial... | Read More
Mr. Kanaly's practice focuses on transactional and regulatory issues confronted by companies in the financial services and real estate securities arenas. His clients include banks, thrifts, specialty finance companies, real estate investment vehicles, hedge funds, broker-dealers and investment advisers. He assists clients with mergers, acquisitions, corporate formations, restructurings and regulatory issues.
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C. Robert Monroe
Partner
Stinson
Mr. Monroe serves as counsel to well over 100 financial institutions. He has significant experience in matters... | Read More
Mr. Monroe serves as counsel to well over 100 financial institutions. He has significant experience in matters involving bank and bank holding company mergers and formations, branch acquisitions, conversion to S-Corporations, negotiating regulatory orders, bank examination issues, prompt corrective actions, reorganizations, director and officer liability issues, and lender liability issues.
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Gaines Dittrich
President/CEO
Dittrich and Associates
He assists banks with problem assets (Special Assets), bank restructuring, policies and procedures, regulatory... | Read More
He assists banks with problem assets (Special Assets), bank restructuring, policies and procedures, regulatory compliance, issues with MOUs and C&Ds, strategic planning and capital planning. He has significant past experience as President and CEOs of banks.
CloseMichelle Banks
Business Development Manager
SolomonEdwardsGroup
She is the Business Development Manager for the firm’s Financial Services Consulting Practice in the Southeast.... | Read More
She is the Business Development Manager for the firm’s Financial Services Consulting Practice in the Southeast. She has over 15 years of experience serving the research, corporate finance, strategic planning, and corporate governance needs of financial institutions in the Southeast. Most recently, she has assisted the FDIC in the closure of several financial institutions.
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