The FDIC’s Final Rule Implementing Certain Provisions of Orderly Liquidation Authority—Summary and Analysis

On July 6, 2011, the Federal Deposit Insurance Corporation (“FDIC”) released the Final Rule Amending 12 C.F.R. Part 380 under Title II (“Orderly Liquidation Authority” or “OLA”) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “statute”) (the “Final Rule”).

The Final Rule adopts with certain changes the provisions of two sets of rulemakings, one initially proposed in October 2010 and then adopted as an interim final rule in January 2011 (the “IFR”) and the other initially proposed in March 2011 (the “NPR”).

This memorandum begins by highlighting certain aspects of the Final Rule of particular importance to creditors. It then summarizes and analyzes the provisions of the Final Rule. It concludes by discussing a number of provisions that are notably absent from the Final Rule.