Featured Product

    FDIC and FED Propose Updates to Guidance on Resolution Plans

    March 06, 2020

    US Agencies (FDIC and FED) proposed changes to the guidance for 2021 and subsequent resolution plan submissions by large foreign banks, including plans that are due by July 01, 2021. The proposed updates are based on the review of the most recent resolution plans of of certain foreign banking organizations and changes to the resolution planning rules. Moreover, the updates focus on the expectations around a firm's derivatives and trading activities and payment, clearing, and settlement activities. Comment period for this proposal ends on May 05, 2020. Additionally, FED announced that UBS AG will now be supervised as part of its Large and Foreign Banking Organization supervision portfolio.

    The proposed guidance, which is largely based on prior guidance, describes expectations regarding a number of key vulnerabilities in plans for a rapid and orderly resolution under the U.S. Bankruptcy Code. The key aspects covered in the guidance are capital, liquidity, governance mechanisms, operational, branches, group resolution plan, legal entity rationalization and separability, and derivatives and trading activities. The scope of application of the proposed guidance would be foreign banking organizations that are triennial full filers and whose intermediate holding companies have a score of 250 or more under the second methodology (method 2) of the global systemically important bank (G-SIB) surcharge framework. The proposed guidance is meant to assist these organizations in developing their resolution plans, which are required to be submitted pursuant to Section 165(d) of the Dodd-Frank Act. The proposed guidance is tailored for the specified organizations, rather than to the U.S. G-SIBs, to account for differences between the U.S. G-SIBs and the U.S. footprints and operations of foreign banking organization. 

    The proposed revisions to the guidance are intended to streamline submissions of firms and to provide additional clarity. The proposed guidance would consolidate all guidance applicable to the specified organizations into a single document, which would provide the public with one source of applicable guidance to which to refer. The proposed guidance is not meant to limit firms’ consideration of additional vulnerabilities or obstacles that might arise based on a firm’s particular structure, operations, or resolution strategy and that should be factored into the firm’s submission. Resolution plans, commonly known as living wills, must describe the strategy of a firm for rapid and orderly resolution in bankruptcy in the event of material financial distress or failure of the company. The resolution planning process helps ensure that a firm's failure would not have serious adverse effects on the financial stability of the United States. For foreign banking organizations, resolution plans are focused on their U.S. subsidiaries and operations.

    The proposed guidance also seeks comment on objective, quantitative criteria to determine its applicability. As of the date of the proposal, the firms that meet the proposed criteria are the U.S. operations of Barclays, Credit Suisse, and Deutsche Bank. Due to the substantial and sustained decrease in risk from the U.S. operations of UBS AG, the firm will now be supervised as part of its Large and Foreign Banking Organization supervision portfolio. FED made this change after a comprehensive determination of risks from the firm. The firm has decreased from roughly USD 375 billion to less than USD 200 billion in total assets over the past decade and separate measures of complexity have also declined. Consequently, the firm will be supervised alongside other banks of similar risk. This change will have no effect on the regulatory capital or liquidity requirements for the firm or the ability of FED to supervise the activities of the firm.

     

    Related Links

    Comment Due Date: May 05, 2020

    Keywords: Americas, US, Banking, Resolution Plans, Guidance, Dodd Frank Act, G-SIB, Foreign Banks, Resolution Framework, FED, FDIC, US Agencies

    Related Articles
    News

    EBA Analyzes Impact of Unwind Mechanism of Liquidity Coverage Ratio

    EBA published a report analyzing the impact of the unwind mechanism of the liquidity coverage ratio (LCR) for a sample of European banks over a three-year period, from the end of 2016 to the first quarter of 2020.

    November 19, 2020 WebPage Regulatory News
    News

    ECB Outlines Views on Possible Changes to AnaCredit Rule and TLTROs

    In response to questions from a member of the European Parliament, the ECB President Christine Lagarde issued a letter clarifying the possibility of amending the AnaCredit Regulation and making targeted longer-term refinancing operations (TLTROs) dependent on the climate-related impact of bank loans.

    November 19, 2020 WebPage Regulatory News
    News

    IASB Begins First Phase of Post-Implementation Review of IFRS 9

    IASB started the post-implementation review of the classification and measurement requirements in IFRS 9 on financial instruments and added the review as a project to its work plan.

    November 18, 2020 WebPage Regulatory News
    News

    FSB Report Examines Progress in Resolvability of Systemic Institutions

    FSB published a report that examines progress in implementing policy measures to enhance the resolvability of systemically important financial institutions.

    November 18, 2020 WebPage Regulatory News
    News

    EBA Benchmarks National Insolvency Frameworks Across EU

    EBA published a report on the benchmarking of national loan enforcement frameworks across 27 EU member states, in response to the call for advice from EC.

    November 18, 2020 WebPage Regulatory News
    News

    FSB Reports Assess Impact of Pandemic on Financial Stability

    FSB published a letter from its Chair Randal K. Quarles, along with two reports exploring various aspects of the market turmoil resulting from the COVID-19 event.

    November 17, 2020 WebPage Regulatory News
    News

    RBNZ Consults on Implementation of Capital Review Changes

    RBNZ launched a consultation on the details for implementing the final Capital Review decisions announced in December 2019.

    November 17, 2020 WebPage Regulatory News
    News

    IASB Announces Andreas Barckow as the New Chair from July 2021

    The Trustees of the IFRS Foundation, which are responsible for the governance and oversight of IASB, have announced the appointment of Dr. Andreas Barckow as the IASB Chair, effective July 2021.

    November 17, 2020 WebPage Regulatory News
    News

    HKMA Consults on Capital Rules for Bank Equity Investments in Funds

    HKMA issued a letter to consult the banking industry on a full set of proposed draft amendments to the Banking (Capital) Rules for implementing the Basel standard on capital requirements for banks’ equity investments in funds in Hong Kong.

    November 17, 2020 WebPage Regulatory News
    News

    ESRB Supports Extension of Macro-Prudential Measure by Swedish FSA

    ESRB published an opinion assessing the decision of Swedish Financial Supervisory Authority (FSA) to extend the application period of a stricter measure for residential mortgage lending, in accordance with Article 458 of the Capital Requirements Regulation (CRR).

    November 17, 2020 WebPage Regulatory News
    RESULTS 1 - 10 OF 6153