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No-flipping, increased-capital rules proposed for buying troubled banks

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Remember the heyday of the housing boom when investors would "flip" properties? Speculators would put a down payment on a property, usually a new construction, and sell it before it was completed with a fat profit. But the "flippers" got bagged when the price of real estate started dropping. Many just walked away from their deposits and left developers holding the bag.

Why is this idea of flipping real estate important now? Well, it seems that private equity investors buying troubled banks will be prohibited from "flipping" the bank for at least three years. In addition, regulators are requiring purchasers to maintain a capital ratio of 15%, three times the ratio required of other banks.

What is happening is that private-equity firms are the main source of capital for troubled banks. Previously, the sale of a troubled bank would have been to another bank. However, with banks in a bind for money, regulators are permitting private-equity firms to step in and provide the capital.

Sheila Blair of the FDIC commented that the 15% rule is high, but also stated she did not want these institutions coming back on the market. John Dugan, Comptroller of the Currency expressed concern that the regulations contain standards that "go too far."

Well, Mr. Dugan, at this stage in the banking crisis its better to err on the side of caution then to let speculators do to troubled banks what they did to the housing market over the past few years. If investors can't maintain 15% of total assets, regulators should pass on the deal. Why does the government suddenly need to become desperate just to accommodate a group of speculators? There are still investors out there who have a sound financial base and who are willing to maintain the 15% rule.

As far as the flipping goes, maybe that should be a 20-year rule. Why even let investors sell a bank after three years? Where is the common sense in all this craziness. We are in the midst of the worst financial crisis since the Great Depression and here the regulators want to give the speculators a free pass to do what they please. This is just wrongheaded thinking. What we should be doing is avoiding another crisis, not creating a new one.

Do you believe that the 15% rule should be maintained?

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Last updated: November 09, 2009: 10:14 PM

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