At the same time, GE has avoided many of the restrictions facing other financial giants getting help from the government.
The company did not initially qualify for the program, under which the government sought to unfreeze credit markets by guaranteeing debt sold by banking firms. But regulators soon loosened the eligibility requirements, in part because of behind-the-scenes appeals from GE.
As a result, GE has joined major banks collectively saving billions of dollars by raising money for their operations at lower interest rates. Public records show that GE Capital, the company’s massive financing arm, has issued nearly a quarter of the $340 billion in debt backed by the program, which is known as the Temporary Liquidity Guarantee Program, or TLGP. The government’s actions have been “powerful and helpful” to the company, GE chief executive Jeffrey Immelt acknowledged in December.
GE’s finance arm is not classified as a bank. Rather, it worked its way into the rescue program by owning two relatively small Utah banking institutions, illustrating how the loopholes in the U.S. regulatory system are manifest in the government’s historic intervention in the financial crisis.
For its part, GE said that it properly applied for and qualified for the program. “We were accepted on the merits of our application,” company spokesman Russell Wilkerson said.
GE may be better known for light bulbs and home appliances, but GE Capital is one of the world’s largest and most diverse financial operations, lending money for commercial real estate, aircraft leasing and credit cards for stores such as Wal-Mart. If GE Capital were classified as a banking company, it would be the nation’s seventh largest.
At the height of last fall’s financial crisis, GE’s cash cow became a potential liability. As credit markets froze, analysts feared that GE Capital was vulnerable to losing access to cheap funding - largely commercial paper, or short-term corporate IOUs sold to large investors.
The author of the systemic-risk provision, Richard Carnell, now a law professor at Fordham University, says TARP was intended to apply to a single institution, and that in their rush to find legal footing for unprecedented new programs, regulators “turned the statute on its head.”
Though GE Capital owned an FDIC-insured savings and loan and an industrial loan company, they accounted for only 3 percent of GE’s assets. Company officials concluded that GE couldn’t meet the program’s eligibility requirements.
So the company requested that the program “be broadened,” GE’s Wilkerson said. GE’s main argument was fairness: The FDIC was trying to encourage lending, and GE Capital was one of the country’s largest business lenders.
Citigroup, the troubled banking giant, also was pressing for an expansion of the FDIC program. Though Citigroup was included in the debt guarantee program, its main finance arm, Citigroup Funding, appeared ineligible. Fed Vice Chairman Donald Kohn wrote to the FDIC’s Bair on Oct. 21, arguing that debt issued by Citigroup Funding should be covered “as if it were issued directly by Citigroup, Inc.”
Two days later, the FDIC announced a new category of eligible applicants - “affiliates” of an FDIC-insured institution. Bair explained that “there may be circumstances where the program should be extended” to keep credit markets flowing. That meant “certain otherwise ineligible holding companies or affiliates that issue debt” could apply, she said.
GE Capital won approval to enter the FDIC program in mid-November with support from its regulator, the Office of Thrift Supervision. The company used the government guarantee to raise about $35 billion by the end of 2008. By the end of the first quarter of 2009, the total reached $74 billion, helping to cover the company’s 2009 funding needs and about $8 billion of its projected needs for 2010.
Two weeks ago, the Obama administration said it would seek to eliminate the Office of Thrift Supervision and force companies like GE to focus on commerce or banking, but not both. That could require the industrial giant to spin off GE Capital.
Last week, Immelt said GE had no intention of doing that. “GE is and will remain committed to GE Capital, and we like our strategy,” he said in a memo to staff.
