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FDIC nudges private equity firms to take back seat

Posted on August 27, 2009 5:30 PM
The message from bank regulators to the private equity industry: We want your money but as for you -- not so much. On Thursday, the board of the Federal Deposit Insurance Corp. approved new rules allowing private equity investors to acquire failed banks. The rules establish higher capital requirements and sale restrictions than those faced by existing bank owners with whom they will be competing to acquire depository institutions and create potential for additional financial commitments.

Private investors can avoid the extra obligations, however, if they partner with bank holding companies to recapitalize and operate banks acquired from FDIC receivership. The catch: the bank holding company must be acquiring at least 50% of the target bank's stock, requiring the PE investors to live under the dictates of a controlling investor.

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