Subscribe and Listen | ||
After reviewing the circumstances leading to the failure of SVB and historic parallels, we discuss the merits of the regulators’ decision to invoke the Systemic Risk Exception and protect all SVB deposit accounts, notwithstanding the $250,000 FDIC insurance limitation, alternate approaches that regulators might have considered for protecting uninsured funds, and the Fed’s creation of the Bank Term Funding Program to make available additional funding to eligible depository institutions. We also discuss the impact of the mark-to-market accounting standard on bank liquidity and the role of the Fed’s monetary and regulatory policies in SVB’s failure. Finally, we discuss how the regulators could stop further runs on banks by temporarily covering all deposits, regardless of amount, or guaranteeing the full amount of demand noninterest-bearing transaction deposits and certain other accounts as the FDIC did during the recession of 2008-09.
Alan Kaplinsky, Senior Counsel in Ballard Spahr’s Consumer Financial Services Group, leads the discussion, joined by Scott Coleman, a partner in the firm and member of the firm’s Banking and Financial Services team and the Distressed Financial Institutions and Counterparties component of the firm’s Distressed Assets and Opportunities Initiative.
Subscribe to Ballard Spahr Mailing Lists
Copyright © 2024 by Ballard Spahr LLP.
www.ballardspahr.com
(No claim to original U.S. government material.)
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher.
This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.