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TCH Recommends Recapitalization, Other Resolution Suggestions to FDIC

TCH Association, along with other financial-services trade associations, submitted a letter to the FDIC commenting on its interim final rule requiring living wills for insured depository institutions (“IDIs”) with $50 billion or more in total assets. The letter comments on certain key requirements of the rule, focusing in particular on those that require IDIs to show a strategy for resolving the IDI at “least cost,” and recommends that the FDIC consider the recapitalization option that TCH has been advocating. TCH also offers specific suggestions for further aligning the rule with the related one promulgated under Section 165(d) of Dodd-Frank. On January 23, the FDIC published in the Federal Register a final rule on Resolution Plans Required for Insured Depository Institutions with $50 Billion or More in Total Assets. Many of the comments that TCH submitted in its letter on the FDIC’s interim final rule were either adopted in the final rule or acknowledged as being allowed by it, including, among several others, the comments related to the following areas: (i) recapitalization as an alternative to traditional resolution methods, (ii) harmonization of economic conditions to be planned for, (iii) harmonization of certain requirement dates and the notice of material events with those required by the related Section 165(d) rule, and (iv) requiring the FDIC to consult with appropriate domestic and international regulators before any adverse finding.