Rescission of the Statement of Policy on Qualifications for Failed Bank Acquisitions

The Federal Deposit Insurance Corporation (FDIC) has taken final action to rescind its 2009 Statement of Policy on Qualifications for Failed Bank Acquisitions, along with related Q&A guidance published on its website in 2010. This policy was originally enacted in the wake of the 2008 financial crisis to set strict eligibility criteria for private investors — including private equity firms — seeking to acquire failing or failed banks from the FDIC. The 2009 policy imposed conditions such as minimum capital commitments, cross-guarantee requirements across affiliated institutions, restrictions on dividend payments, and enhanced supervisory obligations for acquirers without prior banking experience. Critics argued these provisions made it harder for non-traditional investors to participate in failed bank resolutions, potentially reducing competition and increasing costs to the FDIC's Deposit Insurance Fund. By rescinding this policy, the FDIC removes a formal regulatory barrier that had discouraged certain classes of investors — particularly private equity and investment funds — from bidding on failed banks. Acquisitions of failed institutions will now be evaluated under the FDIC's standard statutory and regulatory framework, without the additional overlay of the 2009 policy's requirements. This action is effective as of the date of the final notice (March 23, 2026), and the related 2010 Q&A guidance is simultaneously removed from the FDIC's website.

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