Contingency Plans

FDIC Final Rule on Resolution Plans

On January 17, the FDIC approved a final rule which requires insured depository institutions with $50 billion or more in total assets to submit periodic contingency plans to the FDIC for resolution in the event of the institution’s failure. The resolution plans will ensure that: (i) depositors receive access to insured deposits within one business day of the institution’s failure (or within two business days if the failure occurs on a day other than a Friday); (ii) the net-present-value return from the sale or disposition of its assets is maximized; and (iii) the amount of any loss to be realized by the institution’s creditors is minimized. The final rule will be effective on April 1. FDIC Release. FDIC Final Rule.