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Federal Deposit Insurance Corporation (FDIC) Failed Financial Institution Closing Manual, 2009

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Federal Deposit Insurance Corporation (FDIC) Failed Financial Institution Closing Manual, 2009 Description of document: Federal Deposit Insurance Corporation (FDIC) Failed Financial Institution Closing Manual, 2009 Requested date: 22-July-2012 Released date: 08-August-2012 Posted date: 14-April-2014 Source of document: FDIC Legal Division FOIA/PA Group 550 17th Street, NW Washington, D.C. 20429 Fax: 703-562-2797 FDIC's Electronic Request Form The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. GovernmentAttic.org is not responsible for the contents of documents published on the website. Federal Deposit Insurance Corporation 550 17th Street, NW, Washington, DC 20429-9990 Legal Division August 8, 2012 FDIC FOIA Log Nos. 12-0715 and 12-0718 This letter will partially respond to your electronic message (e-mails) of July 22, 2012, in which you requested, pursuant to the Freedom of Information Act, 5 U.S.C. §552, several FDIC manuals. Enclosed is the Failed Financial Institution Closing Manual consisting of 412 pages. We have withheld limited information on tasks, responsibilities, servicers, names and cell phone numbers. The basis for withholding this information is as follows: (b)(4): Exemption 4 of the FOIA protects “trade secrets and commercial or financial information [that is] obtained from a person and privileged or confidential.” 5 U.S.C § 552 (b)(4) (b)(5): Exemption 5 of the FOIA permits the withholding of inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency. This includes information contained in internal communications which relate to predecisional staff opinions, recommendations, and discussions of policy alternatives (deliberative process privileged information), documents and other memoranda prepared by an attorney in contemplation of litigation (attorney work-product privileged information), and confidential communications between an attorney and the agency (attorney-client privileged information) and confidential communications relating to settlement negotiations (settlement privileged information). In addition, Exemption 5 permits the withholding of commercial information generated by the government leading up to the awarding of a contract or the consummation of a sale the disclosure of which would place the government at a competitive disadvantage. (b)(6): Exemption 6 of the FOIA protects information about individuals in "personnel and medical files and similar files" when the disclosure of such information "would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C § 552 (b)(6) We will respond to the remainder of your requests for manuals as soon as possible. Furthermore, we will provide you with notice of your right to appeal the withholding of information when we complete the processing of these requests. Page 2 Your requests have been categorized as non-commercial use requests. As a non-commercial requester, you will be charged only for search time and duplication costs that exceed two hours and 100 pages, respectively. Please contact me at 703-562-2719 if you have questions or need additional information. Sincerely, /Original Signed/ James Braun Senior FOIA Specialist FOIA/Privacy Act Group Enclosure (as stated 412 pages) 2 Page 1 Failed Financial Institution Closing Manual - Introduction Introduction Contents This section contains the following information on Introduction: Topic Title lrntroductlon I I-2 Scope and Application! I-3 !Summary of Changes I I-4 Page I-1 December 2009 Page 2 Failed Financial Institution Closing Manual Introduction The Closing Manual was developed to address the usual procedures for closing an FDIC insured financial institution. Financial institutions vary considerably in asset size, business lines, deposit mix, and branch structure. The economic causes of bank failures and the types ofresolution transactions are additional variables that contribute to the complexity of designing a successful closing strategy. The amount of notice received by the Division of Resolutions and Receiverships to close an institution from various regulatory agencies can provide operational and resource challenges. For these reasons, the "usual procedures" may require certain adaptations by the assigned Receiver-in­ Charge and/or Closing Manager to the specific circumstances of each bank failure. The DRR Closing Manual is available in electronic mediums on the FDIC internal webpage. Page I-2 December 2009 Page 3 Failed Financial Institution Closing Manual Scope and Application • The Closing Manual is not intended to provide detailed, technical explanations of tasks to be performed since such detail is contained in other FDIC manuals and directives. • The Closing Manual provides current closing procedures and guidelines for each program area. The tasks to be completed for financial institution closings are organized in the Closing Manual by function and in checklist format. • Each checklist is designed in a manner to allow tasks to be assigned to specific closing team members and to provide a tracking record as those tasks are completed. The specific circumstances of each bank failure may warrant the addition or deletion of certain tasks to one or more of the checklists. It is critically important that the Functional Managers be cautious of omitting tasks from the standard checklists without giving very careful consideration to the possible consequences of such omissions. • Each task for each checklist must be marked to indicate that the task was either completed or not applicable. For internal control purposes, it is important that none of the checklist items be left blank. Completed checklists are provided by each Functional Manager to the Closing Manager before the Functional Manager is released from the closing. Page I-3 December 2009 Page 4 Failed Financial Institution Closing Manual Summary of Changes The changes included in the Closing Manual resulted from an extensive process review conducted during 2009 by the Strategic Operations Department. Subject-matter-experts representing the managers for each Section of the Closing Manual were also enlisted to provide balance to the process review. The resulting changes are: • Updates as a result of changes in policy and procedures. • Adds new Sections for the Communications Manager, the Records Manager, and the Ombudsman. • Revises the Trust Section to add additional responsibilities. • Significantly revises the Settlement Section, the Business Information Systems Section, and the Personnel and Payroll Section. • Updates terms and abbreviations to the current FDIC lexicon. Page I-4 December 2009 Page 5 Failed Financial Institution Closing Manual - Section 1 Receiver-in-Charge Contents This section contains the following information on Receiver-in-Charge: Topic Title bverviewl 1-2 Closing Task Checklis~ 1-3 Subsection: 1.1 - Pre-Closmg Preparatiolll 1-4 !Subsection: 1.2 - Closmfi Activ1tiesl 1-6 Subsection· 1 3 - Post Closing Activitid 1-8 !Section 1: Exhibits! 1-10 Page 1-1 October 2011 Page 6 Failed Financial Institution Closing Manual Overview The Receiver-in-Charge (RIC) is the coordination point for preparing an institution for receivership, the primary resource for solving problems that arise during the Resolution process, and the onsite party responsible for management of the Receivership for as long as needed. An RIC will be appointed by the Assistant Director, Strategic Operations, or designee, and will be responsible for planning activities with respect to an anticipated failing institution. The majority of the planning will be done in concert with the Closing Manager (CM). The duties of the RIC begin before the closing of the institution and will continue until the Receivership is consolidated. In anticipation of prolonged receivership activities in the field, the RIC coordinates efforts with DRR Asset Management when establishing a field site, including use of failed bank employees employed through a payroll services contractor or the hiring of an asset management contractor to handle a specialized portfolio. Once the institution has been closed, the RIC is the primary decision-maker and responsible party for all decisions in the field. The RIC will possess delegated authority to make asset, administrative, and operational decisions up to a certain pre-designated level. For decisions to be made that are above the RIC's level of delegated authority, the RIC recommends solutions to the appropriate level and follows up on the action decided. In those instances when it is no longer economically or administratively beneficial for the RIC to remain onsite for post closing functions, the RIC ensures an orderly transition
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