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Home > Regulation & Examinations > Resources for Bank Officers & Directors > Temporary Liquidity Guarantee Program > Guidance on FDIC-Guaranteed Debt Claims Payment Process (Non-Commercial Paper) |
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Temporary Liquidity Guarantee Program - Guidance on FDIC-Guaranteed Debt Claims Payment Process (Non-Commercial Paper) Revised May 27, 2009 A Demand for Payment and Proof of Claim form that may be used if a non-commercial paper FDIC-guaranteed debt issuance defaults is provided on the FDIC's website at: www.fdic.gov/regulations/resources/TLGP/claims.html. This form contemplates that an authorized representative will be the claimant; an individual debtholder may also use this form or request an alternate form from the FDIC. The form is self-explanatory and sets forth the specific information that must be provided by the claimant. An electronic version of the completed and signed demand and proof of claim form may be transmitted to the Federal Deposit Insurance Corporation by e-mail at TLGPDebtClaims@fdic.gov to expedite review of the claim and processing of payment. The complete executed copy of the proof of claim form and accompanying assignment must, however, be mailed or hand-delivered to the FDIC at the address listed on the claim form before payment is made. The Proof of Claim must satisfy certain evidentiary requirements as specified in the TLGP Final Rule, 12 C.F.R. Part 370. If demand is made by an authorized representative, the proof of claim must contain certain information evidencing the authorized representative’s financial and organizational capacity to act as representative, its exclusive authority to act on behalf of each and every debtholder, and its fiduciary duty to such debtholders. All claimants must include evidence of payment default and proof of ownership, and must be accompanied by an assignment of the debtholder’s rights, title and interest in the debt to FDIC. In addition, claimants must provide a copy of the governing document of the FDIC-guaranteed debt instrument and an executed and completed form of assignment of the debtholder’s interest in the FDIC-guaranteed debt that includes the right of the FDIC to receive any and all distributions on the debt from the proceeds of the receivership or bankruptcy estate, if any. An authorized representative must submit evidence of financial and organizational capacity, respectively, as well as evidence that the governing documents provide for exclusive authority to act on behalf of each and every debtholder. As set forth in the Master Agreement which has been executed by each issuer of guaranteed debt, the issuer of guaranteed debt is required to provide FDIC with notice of any payment default (regardless of whether or not there is a cure period) within one business day of such default, and the issuer is also required to provide in the Indenture or other governing documents that its authorized representative will provide the FDIC with notice of any payment default (regardless of whether or not there is a cure period) within one business day of such default. Assuming that the authorized representative (typically the trustee) complies fully with the provisions of the relevant Indenture or other governing document under which the debt has been issued, including notifying the FDIC within one business day of such default, and filing the required proof of claim in a timely manner, it is the FDIC’s expectation that (i) with respect to an event of payment default which has no grace period or cure period, the FDIC would make payment in a timely manner, which would be within 5 business days after such payment default and (ii) with respect to an event of payment default which has a grace period or similar cure period, the FDIC would make payment on the business day on which the cure period expires. |
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| Last Updated 5/27/2009 | TLGPDebtClaims@fdic.gov | |