Skip to content

menu

Open Legal Blog Archive logo
HomeAboutBlogsFAQsSubmit

FSB guidance on bail-in execution and resolution funding

By Simon Lovegrove (UK) on June 22, 2018

The Financial Stability Board (FSB) has published two guidance documents to assist authorities in implementing its Key Attributes of Effective Resolution Regimes (Key Attributes) for global systemically important banks (G-SIBs):

  • Principles on Bail-in Execution – the Key Attributes require FSB jurisdictions to provide for the powers and tools to achieve bail-in, and the FSB’s standard on Total Loss-absorbing Capacity (TLAC) defines a minimum requirement for the instruments and liabilities that should be readily available for bail-in within resolution at G-SIBs. However, neither the Key Attributes nor the TLAC standard addresses the operational aspects of executing a bail-in transaction. Therefore these principles focus on operationalising the “bail-in period” of resolution covering: (i) bail-in scope; (ii) valuation; (iii) exchange mechanic; (iv) securities law and securities exchange requirements; (v) governance; and (vi) communications. Whilst the principles have been developed with a focus on the bail-in of instruments and liabilities that count as TLAC, they are also applicable in jurisdictions where the liabilities potentially subject to bail-in are broader than the TLAC standard. The principles, or parts thereof, may also be applicable to firms other than G-SIBs to the extent that the application of bail-in powers is envisaged under the authorities’ resolution strategy for those firms; and
  • Guiding principles on the temporary funding needed to support the orderly resolution of a G-SIB. These guiding principles focus on three specific aspects of the temporary liquidity needed to support the orderly resolution of a G-SIB group: (i) ways to encourage and maintain as much private sector funding as possible to the firm in resolution; (ii) the role and types of public sector backstop mechanisms for providing temporary liquidity to the extent necessary to support the orderly resolution of a G-SIB; and (iii) elements of public sector backstop mechanisms that support the minimisation of moral hazard risks.
  • Posted in:
    Financial, International
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

Open Legal Blog Archive, Inc. logo
Seattle, Washington
Copyright © 2026, Open Legal Blog Archive, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo