Silicon Valley Bank receivership. WHO WILL GET PAID FIRST?

We encourage clients with SVB accounts in excess of the FDIC insured limit to contact the FDIC toll-free number at +1.866.799.0959, or as otherwise indicated here.

WHO WILL GET PAID FIRST?

The Federal Deposit Insurance Act specifies the order in which claims will be paid under the receivership as follows:

1. Secured claims
2. Administrative expenses of the FDIC as receiver
3. Insured deposits (the standard insurance amount is $250,000 per depositor, for each account ownership category)
4. Uninsured deposits
5. General/senior liabilities
6. Subordinated debt and similar liabilities
7. Shareholders of SVB and its parent, SVB Financial

SVB has been cited as having relied more heavily on large—and therefore uninsured—deposits than have other banks. This means that the amount of funds allocated for satisfying insured deposit claims in the tier immediately above uninsured deposits should be much smaller than at most banks with more traditional deposit bases. Assuming that the amount of secured claims and administrative expenses will also be relatively modest, this should mean that more funds will be available to satisfy the claims of uninsured depositors. Recoveries for uninsured depositors and creditors junior to them are not guaranteed by the FDIC and will more heavily depend on proceeds available from liquidation of SVB’s assets.

For now, the FDIC has advised that insured depositors should have access to their accounts and insured funds on Monday, March 13, 2023. The FDIC has also announced it will pay uninsured depositors an advance dividend the week of March 13 and will issue receivership certificates for remaining amounts. Depositors will not have to file a claim for their advanced dividend. It is not known what percentage of uninsured deposits will be paid through next week’s advance; the closure order reports that at the close of business on March 9, 2023, due to a “run on the bank,” SVB had a negative cash balance of $958 million. Subsequent dividends are likely, although the amounts and timing of such distributions will be determined by the FDIC in its discretion.

WHAT ARE MY DISCLOSURE REQUIREMENTS AS A PUBLIC COMPANY?

Public companies should consider whether disclosure is required based on their specific facts and circumstances in coordination with their boards and trusted advisers. Any disclosure relating to the possible impact should be limited to the facts known at the time that the disclosure is made, and companies should exercise caution in drawing any definitive conclusions as to the materiality of impact given the evolving nature of the situation. Careful consideration should also be made to Regulation FD compliance, and any forward-looking statements should be identified as such and accompanied by meaningful cautionary language.

https://www.morganlewis.com/pubs/2023/03/silicon-valley-bank-collapse-initial-issues-raised