A Loss Sharing Agreement (LSA) is a strategic contract that allows two or more parties to split the risk of financial losses on specified assets. This risk-sharing arrangement helps make transactions more acceptable, especially when the assets involved carry a higher likelihood of loss.
Consider it like a safety net: if a risky asset underperforms, the financial burden is shared, limiting the exposure for the party acquiring or managing that asset. This makes it easier for businesses and financial institutions to take on opportunities they might otherwise avoid.
How Does a Loss Sharing Agreement Work?
LSAs typically specify the assets covered, loss thresholds before sharing activates, the percentage split of any losses, the duration of the agreement, and the process for documenting and claiming losses. For example, an LSA might cover a $10 million loan portfolio, where losses above $1 million are shared 80% by one party and 20% by the other.
The Role of the FDIC
The FDIC (Federal Deposit Insurance Corporation) is well-known for using LSAs during bank failures. When a bank fails, the FDIC helps arrange sales of the failed bank’s assets to healthier banks. However, since many of the loans and assets might be risky, the FDIC shares the losses with the acquiring bank through an LSA. As per the FDIC, such loss sharing makes acquiring troubled assets more attractive, stabilizes the banking system, and minimizes disruption to communities (FDIC Loss Share Program).
Applications Beyond Banking
Loss sharing arrangements are not exclusive to banks. Business partners can use LSAs to distribute financial risks in joint ventures or new product launches. Similarly, investors sometimes use LSAs to encourage participation where one investor assumes a greater share of the risk.
Key Components of a Loss Sharing Agreement
| Component | Description | Example |
|---|---|---|
| Covered Assets | The specific assets subject to the agreement | $10 million commercial loan portfolio |
| Loss Threshold | The minimum loss amount before sharing applies | Losses above $1 million |
| Sharing Percentage | How losses are divided between parties | FDIC covers 80%, bank covers 20% |
| Agreement Term | The duration the agreement remains in effect | Five years on specified loans |
| Reporting & Claims | Procedures for verifying and reimbursing losses | Quarterly reporting of loan defaults |
Common Misconceptions
- Not a Bailout: Unlike a bailout, LSAs require the acquiring party to retain some risk, incentivizing prudent management.
- Risk Sharing, Not Eliminating: LSAs reduce but do not completely remove risk, preserving accountability.
By sharing the potential financial burden, Loss Sharing Agreements enable deals that might otherwise be too risky, fostering stability in finance and encouraging cooperation in business ventures.
For more related concepts, see Loan Syndication and Financial Intermediary.
References
- Federal Deposit Insurance Corporation, “Loss Share Asset Sales,” accessed 2025, https://www.fdic.gov/resources/resolutions/bank-failures/failed-bank-list/loss-share/index.html
- Investopedia, “Loss-Sharing Agreement,” 2025, https://www.investopedia.com/terms/l/loss-sharing-agreement.asp