Monday, April 27, 2009

“Taxpayers should not be called on to foot the bill to support non-viable institutions because there is no orderly process for resolving them.”

TO BE NOTED: From Bloomberg:

"Bair Seeks to Expand Power, Ending ‘Too Big to Fail’ (Update1)

By Alison Vekshin

April 27 (Bloomberg) -- Federal Deposit Insurance Corp. Chairman Sheila Bair sought authority to close “systemically important” financial firms, marking her boldest attempt yet to expand the agency’s reach.

The FDIC should be able to take over and shut bank-holding companies and other large institutions instead of just failed commercial banks, Bair said today in a speech at the Economic Club of New York. Such power would shield taxpayers from losses when government protects companies deemed “too big to fail,” a concept that should be “tossed into the dustbin,” she said.

“The FDIC is up to the task, and whether alone or in conjunction with other agencies, the FDIC is central to the solution,” Bair said. “Given our many years of experience resolving banks and closing them, we’re well-suited to run a new resolution program.”

The speech represents the first time Bair has said she wants the new power, countering arguments that the Federal Reserve is best equipped to manage the authority as Congress prepares to write legislation on the issue this year. Bair has previously said that some regulator should have resolution authority and suggested her agency could do the job.

U.S. regulators have improvised programs in the past year to prop up financial companies hit by the financial crisis by handing out more than $90 billion to Citigroup Inc. and Bank of America Corp., providing more than $180 billion in loans to American International Group Inc. and establishing debt guarantee programs. The FDIC wound down 29 failed banks and thrifts this year.

‘No Orderly Process’

The absence of an authority to shut failing firms “has contributed to unprecedented government intervention into private companies,” Bair said. “Taxpayers should not be called on to foot the bill to support non-viable institutions because there is no orderly process for resolving them.”

Bair recommended it be formed under a “good bank-bad bank” model, in which the government would take over troubled firms and force stockholders and unsecured creditors to pay the costs. “Viable” portions of the company would be put into the good bank, while the ailing portions would remain at the bad bank to be sold or closed over time, Bair said.

The costs imposed on the stockholders and unsecured creditors and fees collected from other “systemically risky” firms would pay for the bad bank, Bair said. “This has the benefit of quickly recognizing the losses in the firm and beginning the process of cleaning up the mess,” she said.

FDIC Opponents

Bair’s request follows remarks last week by John Dugan, who heads the Treasury’s Office of the Comptroller of the Currency, an agency that supervises national banks. The Federal Reserve “is the logical choice” for new authority as a systemic-risk regulator, Dugan said in an April 23 speech.

The American Bankers Association has challenged the idea of giving the authority to the FDIC, saying the agency’s mission would be jeopardized and banks may bear unnecessary costs.

“The direct use of the FDIC for resolutions of non-banks would severely confuse the public about FDIC deposit insurance,” Edward Yingling, the Washington-based industry group’s president, wrote in an April 14 letter. He suggested instead giving the authority to a council of the FDIC, Fed and Treasury to avoid giving too much power to the FDIC.

Bair said the government won’t need to ask Congress for additional taxpayer funds under the Treasury’s $700 billion Troubled Asset Relief Program to support lenders found to need more capital as a result of stress tests regulators conducted on the 19 largest U.S. banks.

Final results will be published May 4, the administration has said. Treasury Secretary Timothy Geithner said April 21 that $109.6 billion is left in the TARP.

“I don’t want to front-run anything but I do believe the current resources of the Treasury will be sufficient,” Bair said.

To contact the reporter on this story: Alison Vekshin in New York at avekshin@bloomberg.net."

AND:

Bair Seeks to Expand FDIC Authority to Close Financials

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