Alert June 02, 2009

FRB Outlines TARP Repayment Criteria

The FRB outlined the criteria it will use to evaluate applications to redeem preferred shares issued to the Treasury under the Capital Purchase Program or the Targeted Investment Program (“Treasury Capital”) from the 19 bank holding companies (“BHCs”) that participated in the Supervisory Capital Assessment Program (“SCAP”).  Please see the April 28, 2009 Alert and the February 25, 2009 Alert Special Edition for a further discussion of the SCAP.

Redemption approvals for an initial set of these large BHCs are expected to be announced during the week of June 8, 2009.  Applications will be evaluated periodically thereafter.  Any banking organization wishing to redeem Treasury Capital must first obtain approval from its primary federal supervisor, which will then forward approved applications to the Treasury.  Any BHC seeking to redeem Treasury Capital must demonstrate an ability to access the long-term debt markets without reliance on the FDIC’s Temporary Liquidity Guarantee Program (“TLGP”), and must successfully demonstrate access to public equity markets.

In addition, the FRB’s review of a BHC’s application to redeem Treasury Capital will include consideration of the following:

  • Whether a BHC can redeem its Treasury Capital and remain in a position to continue to fulfill its role as an intermediary that facilitates lending to creditworthy households and businesses;
  • Whether, after redeeming its Treasury Capital, a BHC will be able to maintain capital levels that are consistent with supervisory expectations;
  • Whether a BHC will be able to continue to serve as a source of financial and managerial strength and support to its subsidiary bank(s) after the redemption; and
  • Whether a BHC and its bank subsidiaries will be able to meet its ongoing funding requirements and its obligations to counterparties while reducing reliance on government capital and the TLGP.

Finally, all of the 19 BHCs are required to have a robust longer-term capital assessment and management process geared toward achieving and maintaining a prudent level and composition of capital commensurate with the BHC’s business activities and firm-wide risk profile.