Topic Centers

Addressing legal implications of the Silicon Valley (SVB) and Signature Bank Collapses

Summary

Summary

The Silicon Valley Bank (SVB) closure, and subsequent Federal Deposit Insurance Corporation (FDIC) receivership, has created a plethora of legal implications and potential risks for the financial sector and other industries. Our U.S./UK multi-practice SVB Task Force provides guidance to those affected by this incident and other issues that will arise in connection with them.

 

What you need to know

 

SVB, the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023 and the FDIC was appointed as receiver. On Sunday, March 12, the U.S. Department of the Treasury, Federal Reserve, and FDIC announced in a joint statement that all depositors of SVB would have access to all of their deposits (not just FDIC-insured deposit amounts) on Monday, March 13. Therefore, there is no loss to depositors associated with SVB’s closure.

SVB’s UK operations were conducted through its subsidiary, Silicon Valley Bank UK Limited (SVBUK). On Monday, 13 March 2023, HSBC UK Bank PLC bought the UK subsidiary for £1 with the deal announced at 7 a.m. (GMT) before markets opened. The Bank of England used special bank resolution powers under the Banking Act 2009 to effect the sale and has provided a temporary waiver from the UK’s ringfencing regime. Following the acquisition, HSBC and SVBUK have stressed that they intend to continue business as usual for SVBUK’s clients, including depositors and borrowers.


The UK position

 

SVB UK has been acquired by HSBC UK Bank PLC. The transfer took place at 7 a.m. (GMT) on Monday, 13 March 2023. Following the transfer, SVB UK continues to operate as normal under new ownership as part of the HSBC group. Customers can access their deposits and draw down on existing facilities as normal.


Access our practical advice on navigating the SVB closure

 

Email

Questions and concerns in relation to both SVB and SVBUK may be directed to the Silicon Valley Bank (SVB) Task Force at [email protected]. Please register here to receive timely updates and information on upcoming events hosted by our Task Force.



External resources:

HM Treasury Press Release (13 March 2023)

Joint Statement by Treasury, Federal Reserve, and FDIC (12 March 2023)

FDIC Press Release (10 March 2023)

FDIC SVB Resource Center

FDIC SVB FAQs


Publications

News

Learning from Silicon Valley Bank

Many lessons will be learned from the failure of Silicon Valley Bank last weekend. The full story is unlikely to emerge for some time, but commentators have quickly reached a consensus on...

Media Mention

‘Crisis averted’: City banking and corporate partners react as HSBC acquires SVB UK Legal Business

UK financial regulation partner Jon Chertkow, member of Hogan Lovells Silicon Valley Bank Task Force, shared with Legal Business Magazine his insights on the SVB insolvency and areas in...

News

Silicon Valley Bank (SVB) and Signature Bank Collapses: Your legal and regulatory FAQs answered

Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation, which appointed the ...

News

Silicon Valley Bank UK Limited FAQs

The Silicon Valley Bank (SVB) closure, and subsequent Federal Deposit Insurance Corporation (FDIC) receivership, has created a plethora of legal implications and potential risks for the...

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