The FOIA, enacted in 1966, generally provides that any person has a right to obtain access to federal agency records except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement records exclusions.

The Privacy Act of 1974 may also be used by certain individuals to obtain access to records maintained by their names or other personal identifier in an agency system of records. Requests for Privacy Act records shall be processed in accordance with the Privacy Act, FDIC Regulations at 12 CFR, ~ 310, and the procedures in FDIC Circular 1031.1, The Privacy Act of 1974: Employee Rights and Responsibilities.

In 1996, Congress enacted the Electronic Freedom of Information Act Amendments (E-FOIA) requiring public access to information in an electronic format and for the establishment of electronic FOIA reading rooms through agency FOIA web sites. The FDIC’s E-FOIA web site is available at www.fdic.gov/aboutlfreedom/index.html where a variety of reference materials and links to component reading rooms of electronic records may be found.
In 2005, President Bush issued Executive Order 13392, Improving Agency Disclosure of Information, 70 FR 75373, dated December 14, 2005, directing agencies to ensure citizen centered and results-oriented FOIA operations. In accordance with this Executive Order, the FDIC has designated the General Counsel as its Chief FOIA Officer with corporate-wide responsibility for efficient and appropriate compliance with the FOIA.

To ensure appropriate communication with FOIA requesters, a FOIA Requester Service Center has been established within the Legal Division to receive and respond to inquiries concerning the status of pending FOIA requests.

Document Archive

 FDIC Circular 1023.1 – Procedures for Processing Freedom of Information Act Requests [15 Pages, 1.4MB]

https://documents.theblackvault.com/documents/FDIC/FOIADirective-FOIAProcessing-FDIC.pdf

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The Proforma Manual is designed to provide general information and guidance to FDIC personnel regarding the Proforma Process. The Proforma Process, as directed by the Financial Manager, encompasses the activities needed to substantiate the individual assets and liabilities for a failed financial institution (Former Institution), balance the Former Institution’s accounts after closing and provide information to the Receiver and Assuming Institution (Al) of their share of the substantiated assets and liabilities. In cases where an Assuming Institution will be taking all or a portion of the Post-closing operations of the Former Institution, the Proforma Process involves the allocation of those assets and liabilities between the FDIC as Receiver and the Assuming Institution, based on the Purchase and Assumption (P&A) Agreement between the parties.

This Manual includes an overview of the Resolution Process, a brief discussion of the various types of transactions that the FDIC utilizes in the Resolution Process and addresses situations where an Assuming Institution is involved and where there is no Assuming Institution. The type of closing transaction can vary significantly based on the combination of options within the agreement. The most complicated transactions involve asset pools, insured deposit transfers, multiple acquirers, Shared-Loss Agreements, and a payout where there is no Assuming Institution.

To accomplish the Proforma tasks the FDIC utilizes a Proforma Team comprised of a Financial Manager, a Proforma Team Leader, and various Proforma specialists and support staff Although a great deal of planning occurs before the closing and often there RTC many follow-up issues to be addressed after the Proforma Process is complete, the main focus of the Proforma Team is to produce a Statement of Condition (also referred to as Balance Sheet) for the Former Institution as soon as practical following the closing. The Statement of Condition represents the substantiated balances of all assets and liabilities of the Former Institution, as of the closing date.

Once this is done, each substantiated asset and each substantiated liability is divided based on the Purchase and Assumption (P&A) Agreement and separate Statements of Condition prepared for the FDIC as Receiver and the Assuming Institution. These Statements become the initial positions for each party involved. Upon completion of the Proforma Process, any adjustments to the confirmed amounts and any options exercised by the parties under the provisions of the Purchase and Assumption Agreement are handled through the Settlement Process.

Document Archive

Please note: The below is ONLY the first 100 pages. FDIC wanted to charge me duplication fees for the entire manual, despite it probably being already in electronic form. I had to amend the request, to avoid the fees, since I am unable to pay for all fees incurred by all of my requests. If you are interested in the full manual, CONTACT ME, and I can help you through the process.

 FDIC Proforma Training Manual, June 2011 [100 Pages, 1.3MB]

https://documents.theblackvault.com/documents/FDIC/17-0123_Proforma.pdf

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The FOIA, enacted in 1966, generally provides that any person has a right to obtain access to federal agency records except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement records exclusions.
The Privacy Act of 1974 may also be used by certain individuals to obtain access to records maintained by their names or other personal identifier in an agency system of records. Requests for Privacy Act records shall be processed in accordance with the Privacy Act, FDIC Regulations at 12 CFR, § 310, and the
procedures in FDIC Circular 1031.1, The Privacy Act of 1974: Employee Rights and Responsibilities.

The provisions of this circular apply to all divisions and offices involved in the processing of FOIA requests.

Document Archive

 FDIC Circular 1023.1, Procedures for Processing Freedom of Information Act Requests, dated April 19, 2006 [15 Pages, 1.5MB]

https://documents.theblackvault.com/documents/FDIC/FOIADirective-FDIC.pdf

The post FDIC Circular 1023.1, Procedures for Processing Freedom of Information Act Requests, dated April 19, 2006 first appeared on The Black Vault.

The Formal and Informal Action Procedures (FIAP)Manual provides information on administrative procedures related to formal and informal corrective actions. Developed by the Division of Supervision and Consumer Protection (DSC), the manual is intended to support the work of field, regional, and Washington staff involved in processing and monitoring corrective actions.

The manual describes procedures for processing the actions most commonly initiated by the Federal Deposit Insurance Corporation (FDIC).

These include informal actions (memoranda of understanding and bank board resolutions) and the formal actions listed below:

• Termination of insurance actions
• Cease-and-desist actions
• Removal, prohibition, and suspension actions
• Civil money penalties
• Prompt corrective actions
• Orders to correct safety and soundness deficiencies (Section 39)
• Investigation requests

The detailed procedures presented in this manual are not intended to replace sound judgment and discretion on the part of FDIC staff. Instead, the instructions are designed to promote uniformity in the application and processing of FDIC corrective actions.

Note: Only the first 100 pages of the manual were obtained. This FOIA Request incurred fees $40.40, of which, I am unable to pay for all FOIA requests that incur fees (I’d go broke!) But I added the first 100 pages here for review, in hopes someone may want to sponsor the other parts of the document. If so, CONTACT ME.

DSC Formal and Informal Action Procedures (FlAP) Manual, FDIC

 [101 Pages, 0.8MB]

https://documents.theblackvault.com/documents/FDIC/17-0125-FDIC.pdf

The post DSC Formal and Informal Action Procedures (FlAP) Manual, FDIC first appeared on The Black Vault.

Capital Markets is responsible for the management and disposition of securities, syndicated loans, syndicated limited partnerships, and Qualified Financial Contracts. A Capital Markets Functional Manager shall be assigned, in advance, to each failing institution.

That specialist has the responsibility to identify the appropriate assets, remove any liens or encumbrances, inform the appropriate Capital Markets sales team, and make sure that the assets are managed properly until such time as sold, all subject to the appropriate delegated authority.

The Manual

 FDIC’s DRR Capital Markets Policies and Procedures Manual, November 18, 2011 [130 Pages, 1.9MB]

https://documents.theblackvault.com/documents/financial/FDICCapitalMarketsManual.pdf

The post FDIC’s DRR Capital Markets Policies and Procedures Manual, November 18, 2011 first appeared on The Black Vault.

The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation’s financial system by:

• insuring deposits;
• examining and supervising financial institutions for safety and soundness and consumer protection;
• making large and complex financial institutions resolvable; and
• managing receiverships.

The FDIC is a recognized leader in promoting sound public policies, addressing risks in the nation’s financial system, and carrying out its insurance, supervisory, consumer protection, resolution planning, and receivership management responsibilities.

Below, you will find a current list of FDIC Circulars, often not cited or listed on their website, in most cases. This list is current, as of January 26, 2017.

FDIC Circular Lists

 Federal Deposit Insurance Corporation (FDIC) Circulars List [15 Pages, 0.6MB]

https://documents.theblackvault.com/documents/FDIC/FDIC-CircularList17-0006.pdf

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