Today, the Federal Reserve and FDIC issued and invited comments on proposed guidance on the 2019 and subsequent submissions of the U.S. G-SIBs’ 165(d) resolution plans. The Proposed Guidance is available here.

The Proposed Guidance is largely similar to the guidance issued by the Agencies in April 2016, with
Continue Reading Federal Reserve and FDIC Issue Proposed Guidance on U.S. G-SIBs’ 2019 Resolution Plan Submissions

In a long-awaited report to the President, the Treasury Department recommended reforming—but not repealing—the orderly liquidation authority (“OLA”) created by Title II of the Dodd-Frank Act (“Title II”), while also recommending the addition of a new Chapter 14 to the Bankruptcy Code.  Concluding “unequivocally that
Continue Reading Treasury: Retain but Reform OLA + Add New Chapter 14 to Bankruptcy Code

Last week, the Bank of England updated its public disclosure about how it would use its resolution powers to ensure that systemically important banks can be allowed to fail without destabilizing the financial system or using public funds to bail out their private sector shareholders or bondholders. See The Bank
Continue Reading The Bank of England’s Presumptive Path