The Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA, ), passed during the
savings and loan crisis in the United States, strengthened the power of the
Federal Deposit Insurance Corporation
The Federal Deposit Insurance Corporation (FDIC) is one of two agencies that supply deposit insurance to depositors in American depository institutions, the other being the National Credit Union Administration, which regulates and insures cre ...
.
It allowed the FDIC to borrow directly from the
Treasury department and mandated that the FDIC resolve failed banks using the least costly method available. It also ordered the FDIC to assess insurance premiums according to risk and created new
capital
Capital may refer to:
Common uses
* Capital city, a municipality of primary status
** List of national capital cities
* Capital letter, an upper-case letter Economics and social sciences
* Capital (economics), the durable produced goods used fo ...
requirements.
Prompt Corrective Action
Title I, § 131(a), ''Prompt Corrective Action'', mandates progressive penalties against banks that exhibit progressively deteriorating capital ratios. At the lower extreme, a critically undercapitalized
Federal Deposit Insurance Corporation
The Federal Deposit Insurance Corporation (FDIC) is one of two agencies that supply deposit insurance to depositors in American depository institutions, the other being the National Credit Union Administration, which regulates and insures cre ...
(FDIC)-regulated institution (i.e., one with a ratio of total capital / assets below 2%) is required to be taken into
receivership
In law, receivership is a situation in which an institution or enterprise is held by a receiver—a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights"—especially in c ...
by the FDIC in order to minimize long-term losses to the FDIC. The motivation behind the law is to provide incentives for banks to address problems while they are still small enough to be manageable. Spong (2000, pages 90–95) summarizes the details (http://www.kansascityfed.org/publicat/bankingregulation/RegsBook2000.pdf).
In an interview on
Bill Moyers Journal
''Bill Moyers Journal'' was an American television current affairs program that covered an array of current affairs and human issues, including economics, history, literature, religion, philosophy, science, and most frequently politics. Bill Mo ...
broadcast April 3, 2009, former bank
regulator William K. Black asserted that federal officials were ignoring the PCA law requiring them to put
insolvent
In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
banks into receivership.
The PCA law applies only to institutions insured by the FDIC and therefore would not affect, for better or worse, companies such as AIG.
See also
*
Truth in Savings Act
The Truth in Savings Act (TISA) is a United States federal law that was passed on December 19, 1991. It was part of the larger Federal Deposit Insurance Corporation Improvement Act of 1991 and is implemented by Regulation DD. It established unifo ...
References
External links
US Code Title 12, 1831o Prompt Corrective Action
* William K. Black comments on PC
102nd United States Congress
1991 in law
United States federal banking legislation
Federal Deposit Insurance Corporation
Savings and loan crisis
1991 in American politics
1991 in economics
1991 in the United States
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