In May 2009, the Treasury published a discussion paper entitled Developing effective resolution arrangements for investment banks. In this discussion paper the Treasury set out its initial thinking on the steps necessary to improve the regime around the failure of investment firms.
Making a will is regarded by most individuals as a necessary irritant ranking in popularity somewhere below a visit to the dentist or doctor. Following the unprecedented instability in the global financial markets since 2007, “systemic” risk (posed by the potential failure of large or complex cross-border financial institutions) was identified by regulators and legislators as one of the key areas requiring better supervision, in order to prevent a similar crisis in the future.
HM Treasury has published a consultation paper setting out tentative proposals for changes to resolution arrangements for investment banks.
Today, the U.K. Treasury and Northern Rock plc separatelyannounced that the restructuring of Northern Rock will take place on January 1, 2010 (Transfer Date).
Today, HM Treasury announced the conclusion of discussions with Lloyds Banking Group (Lloyds) and Royal Bank of Scotland Plc (RBS), regarding their participation in the U.K.
The Treasury has published the Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2009, which will come into force on 1 October 2009. They will amend the Financial Markets and Insolvency (Settlement Finality) Regulations 1999, following changes in insolvency law.
Treasury has amended the Financial Markets and Insolvency (Settlement Finality)(Amendment) Regulations 2009 to make the Regulations reflect changes to insolvency and company law that followed the original regulations. The changes take effect on 1 October 2009.
The Investment Banking Insolvency Panel of the FMLC has responded to Treasury’s consultation on developing effective resolution arrangements for investment banks. The response is wide-ranging and looks at clarity, transparency and access before setting out views on client assets and insolvency processes.
ISDA has written to Treasury on its plans to make insolvency regulations in relation to investment banks. It supports Treasury's plan to take legislative steps only if market practice and regulatory approaches do not work. It endorses the view that sophisticated counterparties should have as much flexibility as possible. It notes the interaction of any regime for investment banks with existing regimes must be clear but does not currently see a compelling case for changes to the current regime.
Historically, the United Kingdom has not had a specialised bankruptcy regime for dealing with the failures of financial institutions. Rather, these were handled under the same rules that applied to ordinary corporations.