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    Implications for Bank Creditors: the Latest EU Banking Reform Proposals
    2016-12-13

    The European Commission has published draft legislative proposals which would require large non-EU banking firms with EU operations to establish an intermediate holding company in the EU. The proposed rules are similar to US requirements for certain non-US banking organizations to establish an intermediate holding company in the US. This note discusses the impact of the proposals on foreign banking groups and their restructuring plans, with a particular reference to US banks. It also considers the UK’s position in light of Brexit.

    Introduction

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, Public, A&O Shearman, Broker-dealer, Bank holding company, European Commission, Capital Requirements Directives
    Authors:
    Barnabas (Barney) Reynolds , Reena Agrawal Sahni , Thomas Donegan , Timothy J. Byrne , Sylvia Favretto , Jennifer D. Morton , Kolja Stehl , Sandy Collins
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    The Office of the Superintendent of Financial Institutions published its draft guideline Liquidity Adequacy Requirements
    2013-12-19

    On November 28, 2013, the Office of the Superintendent of Financial Institutions (OSFI) published its draft guideline entitled Liquidity Adequacy Requirements1 which set out the new liquidity requirements that may eventually apply to federal deposit-taking institutions, that is, the banks, bank holding compan

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Lavery Lawyers, Market liquidity, Bank holding company
    Authors:
    Marc Beauchemin , Leïla Yacoubi
    Location:
    Canada
    Firm:
    Lavery Lawyers
    Regulatory Tailoring for Large U.S. Banking Organizations: Federal Bank Regulators Propose Significant Revisions to the Application of Enhanced Prudential Standards and Capital and Liquidity Requirements for Large U.S. Banking Organizations
    2018-11-05

    On October 31, the Federal Reserve Board adopted two proposed rules that would tailor how certain aspects of the post-crisis bank regulatory framework, including certain capital and liquidity requirements and other prudential standards, apply to large U.S. banking organizations. One of the rules is to be issued jointly by the FDIC, Federal Reserve and OCC. The other was issued solely by the Federal Reserve.

    Filed under:
    USA, Banking, Capital Markets, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Sullivan & Cromwell LLP, Consumer protection, Market liquidity, Holding company, Depository institution, Bank holding company, Subsidiary
    Location:
    USA
    Firm:
    Sullivan & Cromwell LLP
    Federal Reserve Adopts Rule Requiring GSIBs to Amend QFC Transactions to Limit Termination Rights of Counterparties
    2017-10-26

    On September 1, 2017, the Board of Governors of the Federal Reserve System (the Federal Reserve) adopted a rule (the Rule)1 that will require global systemically important U.S. bank holding companies (U.S. GSIBs)2 and most of their subsidiaries to amend a range of derivatives, short-term funding transactions, securities lending transactions and other qualifying financial contracts (QFCs). The required amendments will limit counterparty termination rights related to certain U.S. GSIB resolution and bankruptcy proceedings.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Sidley Austin LLP, Bankruptcy, Bank holding company, Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), International Swaps and Derivatives Association, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Financial Institution Bankruptcy Act of 2017 - Big Changes for Big Banks
    2017-04-17

    When the real estate market and financial markets tumbled during 2007-2008, the fallout was felt by financial institutions from large multi-billion dollar banks to small Community Banks. As these banks struggled to stay alive, a trend emerged for bank holding companies to market and sell a distressed bank through Section 363 of the Bankruptcy Code. This alternative was utilized in many instances as opposed to a traditional “reorganization plan” or takeover by the FDIC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Berger Singerman LLP, Bankruptcy, Bank holding company, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Brian G. Rich
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Proposed U.S. Federal Reserve Board Rule’s Impact on Buy-Side Remedies in QFCs with Global Systemically Important Banking Organizations and their Affiliates
    2016-06-15

    The Board of Governors of the U.S. Federal Reserve System (Board) recently proposed a rule (Proposed Rule) that will impact parties to any "qualified financial contract" (QFC), as described below, with a global systemically important banking organization (GSIB) or a GSIB affiliate (together, a covered entity). The Proposed Rule will eliminate certain contractual rights with respect to the QFC when:

    the covered entity counterparty is placed in a Federal Deposit Insurance Corporation (FDIC) receivership; or

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Federal Reserve Board, Bank holding company, Investment company, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Dechert LLP
    Insured vs. Insured exclusions in post-insolvency claims
    2016-05-25

    A common query with D&O insurance coverage is whether post-insolvency claims against the insolvent company’s directors and officers trigger the Insured vs. Insured exclusion found in most D&O policies. This issue arises when claims are brought on behalf of the insolvent company against directors in an attempt to recover money for creditors.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Litigation, DAC Beachcroft, Bank holding company
    Authors:
    Richard Highley , Sarah Coutts
    Location:
    USA
    Firm:
    DAC Beachcroft
    Coverage precluded by insolvency exclusion where claims arose out of bankruptcy of securities broker
    2010-04-19

    The United States District Court for the District of Connecticut, applying Connecticut law, has held that coverage under a bankers professional liability policy was precluded by the policy's insolvency exclusion where the underlying claims "arose out of" the bankruptcy of a third-party securities broker or dealer. Associated Community Bancorp, Inc. v. The Travelers Cos., 2010 WL 1416842 (D. Conn. Apr. 8, 2010). The court also held that coverage was barred by the professional services exclusion of the management liability coverage part of the policy.

    Filed under:
    USA, Connecticut, Banking, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Federal Reporter, Liquidation, Broker-dealer, Bank holding company, Investment company, Subsidiary, Second Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Financial reform legislation: the trampling of creditors' rights
    2010-05-24

    On May 20, 2010 the Senate passed the Restoring American Financial Stability Act of 2010 (the "Senate Bill") 59-39, only hours after the cloture vote ended debate on the bill. The House passed its version—the Wall Street Reform and Consumer Protection Act of 2009 (the "House Bill")—in December 2009. The primary stated focus of the Senate and House Bills is to prevent the failure of the "too big to fail" institutions and to avoid government (taxpayer) bailouts in the future.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Bracewell LLP, Bond (finance), Consent, Investment banking, Bailout, Liquidation, Holding company, Bank holding company, Default (finance), Secured creditor, Federal Deposit Insurance Corporation (USA), Lehman Brothers, US Secretary of the Treasury
    Authors:
    Mark E. Dendinger
    Location:
    USA
    Firm:
    Bracewell LLP
    U.S. Senate bill creates new regime for orderly liquidation of financial companies that present systemic risk
    2010-06-01

    The comprehensive financial reform bill recently passed by the Senate1 creates a new “orderly liquidation authority” (“OLA”) that would allow the Federal Deposit Insurance Corporation (“FDIC”) to seize control of a financial company2 whose imminent collapse is determined to threaten the financial system as a whole.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Cadwalader Wickersham & Taft LLP, Debtor, Federal Reserve Board, Liquidation, Holding company, Depository institution, Bank holding company, Systemic risk, Federal Deposit Insurance Corporation (USA), US Senate Committee on Banking, Housing and Urban Affairs, Securities Investor Protection Corporation, Credit rating agency, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Secretary of the Treasury
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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