Highlights:

The attached interagency statement:

• Focuses on complex structured finance transactions entered into by institutions when the transactions
  • circumvent regulatory or financial reporting requirements or

  • evade tax liabilities or involve other illegal and/or improper behavior

  and, therefore, warrant enhanced review due to the potential legal and reputational risks that
  arise.

• Illustrates the types of complex structured finance transactions that warrant increased review by the institution's senior management and board of directors.

• Describes the types of internal controls and risk-management procedures that the agencies believe should enable a financial institution to identify, monitor and control the heightened legal and reputational risk associated with various types of complex structured finance transactions.

• Applies primarily to large financial institutions. The statement generally does not apply to smaller institutions or to traditional structured finance transactions, such as securitizations and most types of derivative transactions.

Distribution:
FDIC-Supervised Banks (Commercial and Savings)

Suggested Routing:
Chief Executive Officer
Chief Financial Officer
Chief Accounting Officer
Chief Risk Officer

Related Topics:
Internal Controls
Risk Management Policies and Procedures
Legal and Reputational Risks

Attachment:
Interagency Statement on Sound Practices Concerning Elevated Risk Complex Structured Finance Activities - PDF 84k (PDF Help)

Contact:
Jason C. Cave, Associate Director, Capital Markets Branch, at jcave@fdic.gov or (202) 898-3548

Bobby R. Bean, Sr. Quantitative Risk Analyst, at
bbean@fdic.gov or (202) 898-3575

Printable Format:
FIL-45-2006 - PDF (PDF Help)

Note:
FDIC financial institution letters (FILs) may be accessed from the FDIC's Web site at www.fdic.gov/news/news/financial/2006/index.html.

To receive FILs electronically, please visit http://www.fdic.gov/about/subscriptions/fil.html.

Paper copies of FDIC financial institution letters may be obtained through the FDIC's Public Information Center, 3501 North Fairfax Drive, Room E-1002, Arlington, VA (1-877-275-3342 or 703-562-2200).