- within Consumer Protection, Insolvency/Bankruptcy/Re-Structuring and Insurance topic(s)
On October 19, 2016, the FSB published methodology for assessing the implementation of the Key Attributes of Effective Resolution Regimes for financial institutions in the banking sector. The methodology sets out the criteria to guide the assessment of a jurisdiction's bank resolution framework and its compliance with the FSB's Key Attributes of Effective Resolution Regimes for Financial Institutions with the aim of promoting consistent assessments across jurisdictions. The Key Attributes were adopted in October 2011 and were endorsed as a new international standard for resolution regimes by the G20 Leaders at the Cannes Summit. They were supplemented in 2014 with new Annexes containing sector-specific guidance on, amongst other things, how the Key Attributes apply to insurers, financial market infrastructure and the protection of client assets in resolution. The Key Attributes apply to resolution regimes for any financial institution that could be viewed as systematically significant or critical in the event of failure. The Key Attributes also cover the resolution of financial groups and conglomerates; including holding companies of and non-regulated operational entities within a financial group or conglomerate. The Methodology would be used for the assessments performed by regulators of existing resolution regimes in their jurisdiction and any reforms to such regimes to implement the Key Attributes. It can also be applied to peer reviews of resolution regimes conducted within the FSB framework to monitor implementation by member jurisdictions. Assessments should include, amongst other things, a summary view of whether the resolution regime has the necessary scope and reflects the Key Attributes.
The Methodology is available at: http://www.fsb.org/wp-content/uploads/Key-Attributes-Assessment-Methodology-for-the-Banking-Sector.pdf?_sm_au_=iVVHVWj7jP3TtnsN and the Key Attributes are available at: http://www.fsb.org/what-wedo/policy-development/effective-resolution-regimes-and-policies/key-attributes-of-effective-resolution-regimes-for-financial-institutions/
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
