Public support and the use of the Resolution Fund under BRRD

Similar documents
The EU Framework for Deposit Guarantee Schemes

BAIL IN and RESOLUTION FINANCING in BRRD

Directive on D e D p e osit G u G ar a a r n a tee e e S c S hem m s e (DGS) 23/01/2015

Introduction Post crisis Bank resolution principles with a focus on the BRRD in the EU

Europe: Progress in bank resolution and banking union

Chapter E: The US versus EU resolution regime

Bank bail-in and bail-out from a civil society and public interest perspective

The below new definitions are inserted into the TOB at Annex 1, Part 1, definitions:

The Special Resolution Regime. Mark Adams & Miles Bake Special Resolution Unit, Bank of England 30 June 2010

State aid rules in the context of BRRD

Resolution Funding: Who pays when financial institutions fail?

THE FUNDING OF RESOLUTION. David G Mayes University of Auckland

Banking union: restoring financial stability in the Eurozone

***I DRAFT REPORT. EN United in diversity EN. European Parliament 2016/0365(COD)

The Bank Recovery and Resolution Regime in the EU

Resolution Regimes: FSB s Key Attributes, TLAC & EU s MREL. Seminar on Crisis Management and Bank Resolution

Recent Cases of EU Banking Resolution - Liquidation One Rule Does Not Fit All

1. Resolution of banks and investment firms

Key Attributes of Effective Resolution Regimes for Financial Institutions

BERMUDA MONETARY AUTHORITY

EUROPEAN UNION. Brussels, 25 April 2014 (OR. en) 2012/0150 (COD) PE-CONS 14/14 EF 16 ECOFIN 42 DRS 10 CODEC 120

After the global financial crisis: challenges for the EU Banking System

Banking Resolution Spanish experience. Future implications of BRRD.

How to ensure enough Loss Absorbing Capacity: From TLAC to MREL

A EUROPEAN FRAMEWORK FOR A MORE RESILIENT BANKING SYSTEM

Deposit guarantee schemes: their role in resolution

SRM and ARTICULATION with BRRD

Bail-in or bailout? State aid to banks under the Single Resolution Mechanism

Competition policy brief

Single Resolution Mechanism Resolution planning process

Deposit Guarantee Schemes Frequently Asked Questions

Note on the Strategic Development of an Enhanced Bank Resolution Framework for Ukraine in Alignment with the EU Acquis March 2019

6 July FINANCIAL CRISIS MANAGEMENT The Swedish National Debt Office s work on financial stability

EUROPEAN COMMISSION. State aid SA (2015/N) Greece Prolongation of the Greek financial support measures (Art.

Closing financial institutions on both sides of the Atlantic:

SRB 2 nd Industry Dialogue January 12th, 2016

4 Bank failing or likely to fail

Principles on Bail-in Execution. Consultative Document

The Day after Tomorrow: The Future of the Financial Intermediation

UK implementation of the EU Bank Recovery and Resolution Directive: What you need to know 1

Explanatory Note. Draft guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty

Draft Technical Standards on criteria for MREL. 19 January 2015

II-Annex 2: Resolution of Insurers

THE SINGLE RESOLUTION FUND

Bank Resolution Powers and Tools. Oana Nedelescu Senior Financial Sector Expert IMF

Final Guidelines. on the treatment of shareholders in bail-in or the write-down and conversion of capital instruments EBA/GL/2017/04 11/07/2017

Non-preferred senior debt in Spain

Information on bank resolution and bail-in

State Aid and the financial crisis

The Bank of England s approach to resolution. October 2017

Overview of the post-consultation revisions to the TLAC Principles and Term Sheet

COMMISSION DELEGATED REGULATION (EU) /... of

Recovery and Resolution First experience, challenges and obstacles

Italy: liquidation of Veneto Banca and Banca Popolare di Vicenza

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

EUROPEAN COMMISSION. Brussels, COM(2010) 579 final

Total Loss-absorbing Capacity (TLAC) Term Sheet

June 2018 The Bank of England s approach to setting a minimum requirement for own funds and eligible liabilities (MREL)

The Albanian Recovery and Resolution framework. Natasha Ahmetaj Second Deputy Governor Bank of Albania

(Incorporated as a stock corporation in the Republic of Austria under registered number FN m)

Technical advice on the delegated acts on the circumstances when exclusions from the bail-in tool are necessary

Principles on Bail-in Execution

Portuguese Banking Association Position on the European Commission Proposal for a European Deposit Insurance Scheme (EDIS)

Hearing on Decree Law 237/2016 Urgent measures for the protection of savings in the banking sector

Conference on Nordic-Baltic financial linkages and challenges (IMF, Eesti Pank, Sveriges Riksbank)

Official Journal of the European Union. (Non-legislative acts) REGULATIONS

Discussion paper on the debt write-down tool bail-in

EUROPEAN COMMISSION. State Aid SA (2017/N) Italy Additional liquidity support to Banca Popolare di Vicenza

WORKING PAPER SERIES No 2016/16

Setting of MREL for subsidiaries of foreign banks

Treating the E.U. as a Single Jurisdiction for the Implementation of TLAC (EBA Report on MREL, December 2016)

Hearing with Mrs Elke König, Chair of the Single Resolution Board

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Lost in TLAC Tobias H. Tröger Florence School of Banking and Finance Online Seminar January 18, 2017

Safe to Fail? Client Alert December 5, 2014

Placement of financial instruments with depositors, retail investors and policy holders ('Self placement')

THE SPANISH BANKING RESOLUTION FRAMEWORK

Hong Kong Resolution of Financial Institutions

EUROPEAN COMMISSION. State aid n SA (2015/N) Portugal Amendment of the 2014 Resolution of Banco Espírito Santo, S.A.

THIS IS AN UNOFFICIAL TRANSLATION OF THE ACT ON RESTRUCTURING AND RESOLUTION OF CERTAIN FINANCIAL ENTERPRISES PREPARED BY FINANSIEL STABILITET.

11 January SRB Press breakfast. 9h30 11h00 (-1 Athens Room) Elke König. Thank you for joining us today and a very warm welcome to the

Consultation Paper. Draft Guidelines On the treatment of shareholders in bail-in or the write-down and conversion of capital instruments

An EU Framework for Cross-Border Crisis Management in the Banking Sector

Final Guidelines. on the treatment of shareholders in bail-in or the write-down and conversion of capital instruments. EBA/GL/2017/04 05 April 2017

CREDIT SUISSE INTERNATIONAL (Incorporated in England)

Implementation of Group Resolution The German Perspective. Adam Ketessidis Bundesanstalt für Finanzdienstleistungsaufsicht

The Relevance of the Resolution Tools Within the SRM

Resolution. An evolving journey in Europe. KPMG International November kpmg.com/ecb

The FSA's Approach to Introduce the TLAC Framework

2018 SRB Policy for the second wave of resolution plans

***I DRAFT REPORT. EN United in diversity EN. European Parliament 2016/0363(COD)

Main principles for resolution of small and mediumsized banks and determination of minimum requirements for own funds and eligible liabilities (MREL)

ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 28 May 2015

Speech Check against delivery

Cooperation between authorities Preserving the relevance of deposit guarantee in Europe

Limits on State-Funded Bailouts in the EU Bank Resolution Regime

The Banking Crisis and Its Regulatory Response in Europe

Changes to the previous compromise text (doc /13) are highlighted in bold and underlined. Deletions are marked with [ ].

APPLICATION OF THE MINIMUM REQUIREMENT FOR OWN FUNDS AND ELIGIBLE LIABILITIES (MREL) Bank Resolution and Recovery Directive 2014/59/EU

RESPONSE TO FSB CONSULTATION ON TOTAL LOSS ABSORBING CAPACITY

Transcription:

Public support and the use of the Resolution Fund under BRRD Paolo Fucile Directorate General Financial Stability, Financial Markets and Capital Markets Union 05/12/2016

Key objectives of BRRD Maintain financial stability by ensuring the continuity of critical banking functions and pursue public interest Minimise costs for taxpayers and ensure that shareholders and creditors bear part of the losses Avoid disorderly insolvency

Funding resolution: from bailout to bail-in Guiding principles Shareholders/creditors should bear their fair share of losses of an institution before external financial support can be granted If a bank cannot maintain viability/liquidity/solvency without public support it should in principle be considered failing or likely to fail (FOLF) Exception: liquidity facilities, precautionary recapitalisation Protection of deposits: covered deposits will not be affected, as exempted from bail-in and the DGS will step in their shoes Compliance with State Aid framework Burden sharing rules Administrative procedure implies notification requirements for approval by Commission

Available tools Liquidity facilities State guarantee of newly issued liabilities Precautionary recapitalisation Outside resolution Resolution financing arrangements Single Resolution Fund in Eurozone National resolution funds outside Eurozone Alternative financial sources In resolution Government Financial Stabilisation Tools MS option Entities outside scope of SRMR Deposit Guarantee Scheme Payout Finance resolution In insolvency

Liquidity facilities/state guarantee/precautionary recapitalisation Forms of state/central bank intervention which do not trigger FOLF provided conditions are satisfied: Remedy serious disturbance in the economy of a Member State and preserve financial stability Issued in favour of a solvent institution Cover capital shortfall (stress test) No coverage likely/incurred losses (i.e. adverse scenario in stress test) Approval under SA rules Remuneration (vs. Market price, incentives to State exit in time) Burden sharing (up to subordinated debt) Provision of a restructuring plan

Public support in resolution If the bank satisfies the conditions for resolution (FOLF, public interest, no available private solution) the resolution authority identifies the most appropriate resolution strategy Tools: sale of business, bridge bank, asset separation, bail-in Resolution financing arrangements can be used in this context As a means to support resolution tools (guarantee/purchase assets, loans to the institution under resolution, ) As contribution (cover losses, contribution to recapitalisation) in lieu of the bail-in of certain liabilities provided that specific conditions are complied with RFAs must not directly cover losses but may cover part of the losses indirectly resulting from their use for the purposes above and only after minimum bail-in If RFAs are not sufficient, other tools can be available Alternative financing sources (GFST where foreseen) 05/12/2016 6

Use of resolution financing arrangements in case of bail-in RFAs can be accessed when bail-in tool is used if: A minimum bail-in of shareholders/creditors has been executed 8% total liabilities including own funds Measured at the time of valuation Following hierarchy of creditors under BRRD RA can make the determination that certain liabilities should be exempted in exceptional circumstances: Bail-in not possible in reasonable time Necessary to preserve critical functions Necessary to avoid contagion Risk of destruction in value (losses borne by other creditors would be higher if liability is bailed-in) Delegated Act 2016/860 on exclusions contains detailed examples In this case RFA can make a contribution in lieu of writedown/conversion of exempted liabilities (in line with State Aid rules)

RFA contribution and additional funding sources RFA contribution up to 5% of total liabilities including own funds If RFA intervention is insufficient, RA can resort to additional funding in extraordinary circumstances: a) alternative financing sources European Stabilisation Mechanism Other public funds And/or b) further contribution from RFA with resources raised from unused ex-ante contributions Condition for both options: all unsecured non-preferred liabilities (except eligible deposits) are bailedin/converted

Public support in resolution - Recap 3. Alternative financing sources 2. 5% Resolution financing arrangement 1. 8% internal loss absorbtion Only after 5% of the financing arrangement's cap has been reached, and all unsecured and nonpreferred liabilities other than eligible deposits have been bail-in Resolution financing arrangement may provide loss absorption or capital injection of up to 5% of total liabilities 8% of total liabilities to be absorbed by shareholders and creditors before the use of the resolution financing arrangement DGS (covered deposits) Households, micro, SMEs > 100,000 Senior debt & corporate deposits >100,000 Subordinated debt AT1 & T2 CET1 More bail-in, alternative financing sources Resolution financing arrangement 5% of liabilities Internal absorbtion 8% of liabilities 05/12/2016 9

Government Financial Stabilisation Tools GFST are means of direct financial support from national public funds which can be granted only where strict conditions are met: Last resort tool to avoid systemic crisis: Resolution tools exploited to the maximum extent practicable Further use of resolution tools would not suffice to avoid significant adverse effect on financial system/to protect public interest 8% minimum bail-in contribution Compliance with State Aid framework Available measures Public equity support: State participates in recapitalisation (CET1/AT1/T2) Temporary public ownership (MS nominee or MS-owned company) Only if public equity injection was not sufficient

Use of DGS in resolution DGS can be used in several capacities: a) Payout b) Finance resolution (to ensure access to covered deposits): Amount = losses that covered deposits would have borne under bail-in/other resolution tool Liability must not exceed losses that would have been borne under normal insolvency (NCWOL) Limit: 50% of target amount c) As a means of financing insolvency (Article 11(6) DGSD) Including transfer assets/liabilities/deposits book To guarantee access to covered deposits Not more than net amount of compensating covered depositors (least cost principle) Cases under b) and c) = State Aid scrutiny

05/12/2016 Thank you