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ARTICLE · 19 MAY 2023

Considerations For Counterparties Whose Swaps Are Transferred From First Republic To J.P. Morgan

Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
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Hogan Lovells Cadwalader

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First Republic was not a CFTC-registered swap dealer.

United StatesFinance and Banking

On May 1, 2023, the Federal Deposit Insurance Corporation ("FDIC") seized control of First Republic Bank ("First Republic") and then, as receiver of First Republic, entered into a purchase and assumption agreement ("P&A") with JPMorgan Chase Bank, National Association, Columbus, Ohio ("JPM"), to assume all of the deposits and substantially all of the assets of First Republic, including qualified financial contracts ("QFCs"). The asset transfer was thus carried out via the P&A Agreement, in accordance with the Federal Deposit Insurance Act ("FDIA") and became effective without the consent of counterparties under those QFCs.

Previously, subsequent to the failure of Silicon Valley Bank ("SVB") and Signature Bank ("Signature"), on March 13, 2023, the FDIC also facilitated the transfer of QFCs from the failed banks to newly established bridge banks, Silicon Valley Bridge Bank, N.A. and Signature Bridge Bank, N.A., respectively, and ultimately to First Citizens

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