Treasury Updates TARP Capital FAQ

November 3, 2008

Authored by: Robert Klingler

On October 31, 2008, the Treasury Department updated its official FAQ by adding the following three questions and answers.

Q. Does the definition of QFI include all FDIC-insured depository institutions?

A. Yes, all FDIC-insured depository institutions are covered by the definition of QFI. If an FDIC-insured depository institution is part of an eligible U.S. BHC or eligible U.S SLHC which means a holding company that engages solely or predominately in activities permitted for financial holding companies under relevant law, access to the Program will be provided through the top-tier holding company. Other FDIC-insured depository institutions could have direct access to the Program if they are part of a holding company structure that does not meet the preceding requirement or if they are not part of a holding company structure. Access will be determined as described below.

Q. What level of access to the program will be provided for top-tier holding companies that are QFIs?

A. For these institutions the level of access to the Program will be between 1 and 3 percent of total risk-weighted assets of the top-tier holding company level.

Q. What level of access to the Program will be provided for FDIC-insured depository institutions that are not part of a holding company, or are controlled by a holding company that is not an eligible QFI?

A. For these institutions the level of access to the Program will be between 1 and 3 percent of risk-weighted assets at the FDIC-insured depository institution level. This group of institutions would include, among others, stand alone banks and savings associations, industrial loan companies, and banks and savings associations that are part of SLHCs that engage in activities that are not solely or predominately permitted for financial holding companies under relevant law (e.g., grandfathered Unitary Thrift Holding Companies).