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Overview of Dodd Frank Recovery and Resolution Planning

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Overview of Dodd Frank Recovery and Resolution Planning - regulatory: banking

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Overview of Dodd Frank Recovery and Resolution Planning

  1. 1. A S N A P S H O T O F D O D D - F R A N K : R E C O V E R Y A N D R E S O L U T I O N P L A N N I N G DODD-FRANK TITLE I AND TITLE II: RECOVERY AND RESOLUTION PLAN PRESENTED BY: LEWIS ADAMS, MBA, CISA, CRISC, CGEIT, CISM LADAMS.US@GMAIL.COM
  2. 2. BACKGROUND OF DODD-FRANK RECOVERY AND RESOLUTION PLANS… As a result of the Global Financial Crisis of 2008, various legislaPon was developed and implemented around the globe in the form of regulaPons. One of the key regulatory items passed by the 111th Congress of the United States, and signed into law in 2010, was H.R. 4173, commonly referred to as the “Dodd-Frank Wall Street Reform and Consumer ProtecPon Act”. The final rule in the Act, SecPon 165, required Systemically Important Financial InsPtuPons (SIFI) with assets meePng a certain threshold and nonbank financial companies designated by the Financial Stability Oversight Council (FSOC) for oversight by the Federal Reserve, to create and submit Recovery Plans and ResoluPon Plans to the FDIC and the Federal Reserve. In the United States, the threshold was established at $50 billion in consolidated assets. Ø  The preparaPon, content, and delivery of Recovery and ResoluPon Plans (RRP), along with the accompanying process and oversight of G-SIFI and FSOC-designated Bank Holding Companies (BHC’s) addresses how the firm will systemaPcally manage execuPve and operaPonal funcPons during and afer a period of distress. Two specific areas are intended to be addressed in the plans: •  Recovery: What are the firm’s plans to recover from various distress scenarios. •  ResoluPon: What are the firm’s plans for resoluPon (liquidaPon) should this become necessary, with material financial distress or failure of the company, and include both public and confidenPal secPons. Ø  The underlying driver of Dodd-Frank and specifically SecPon 165, is to miPgate risks to the United States and the global economy that could arise from material financial distress or failure of large, interconnected financial insPtuPons. 1 H.R. – House ResoluPon – United States House of RepresentaPves
  3. 3. RECOVERY PLANNING - HIGHLIGHTS… Create a menu of choices, at granular levels, to respond to a full of operaPonal and financial stress conPnuum. Stress tests should cover the enPre stress conPnuum. Recovery Planning should be coordinated with other conPngency planning and risk monitoring pracPces (e.g. around liquidity, capital, operaPonal, strategy). Recovery Planning should factor both internal and external stresses and impact to counterparPes, creditors, clients, depositors, and overall market. Very granular governance is required around planning and execuPon of each recovery opPon, with involvement and accountability of senior management and board of directors.
  4. 4. RECOVERY PLANNING QUANTITATIVE TRIGGERS… QuanPtaPve Triggers • RaPngs Downgrades • Revenue Reports or P&L (or derivaPve) • Credit Risk Limits • Equity RaPos • Per Cent Renewal of Wholesale Financing • Withdrawal of Deposits and Other Funding • Increased Collateral Requirements • Rise In Public Debt • GDP Forecasts • 3-Month LIBOR • Senior Debt Spreads
  5. 5. RECOVERY PLANNING STRESS SCENARIOS… Stress Scenarios • Significant capital and liquidity impacts • Severe losses through a rogue trader • RaPngs downgrades • A Euro or US dollar crisis • GDP growth rates • Loss of goodwill • Exodus of talent • Significant deposit withdrawal or runoff • Collapse of global financial markets • Currency rates • Commodity process
  6. 6. RESOLUTION PLANNING - HIGHLIGHTS… Create a plan, or living will, to describe the firm’s strategy for rapid and orderly resoluPon in the event of material financial distress or failure of the company. The scope, condiPons for entry into resoluPon and acPvaPon of the operaPonal resoluPon plan, and funding arrangements for the proposed plan must be documented also. ResoluPon Planning should factor and provide analyPcal support for assumpPons, scenarios, strategies, and related operaPonal details. Key ObjecPves of ResoluPon Planning: Stability, Accountability, and Viability Key Challenges: Misalignment of funding, operaPons, business lines, and legal enPPes; Excessive liquidity requirements; Financial contract close-out and nenng provisions; MulP-jurisdicPonal operaPons; Intragroup financial posiPons and obligaPons; Rapid dissipaPon of franchise value; ExecuPon complexiPes
  7. 7. RESOLUTION PLANNING TWO BASIC APPROACHES… Single point of entry (SPE) • ApplicaPon of resoluPon powers at the top holding or parent company by a single resoluPon authority. This is most likely to occur in the jurisdicPon that is responsible for the global consolidated supervision of a group. • Assets and operaPons of subsidiaries are preserved as going concerns, thereby avoiding applicaPon of resoluPon at more granular levels within the group. • May require: intra-group arrangements to ensure that losses incurred by subsidiaries are assumed by holding company; sufficient loss absorbing capacity available at holding company level to help ensure that surviving parts of group are solvent and viable; coordinaPon between host country authoriPes and home country authoriPes to allow resources generated by a recapitalizaPon at holding company level or made available from other sources to be down-streamed to subsidiaries; Subsequent clarity as regards the legal, regulatory, accounPng and tax implicaPons of arrangements. MulPple point of entry (MPE) • ApplicaPon of resoluPon powers by two or more resoluPon authoriPes (ideally simultaneously) to mulPple parts of the group, which may include breaking up a group into 2 or more parts. • The group may be split on naPonal or regional basis, along funcPonal lines, or some combinaPon thereof. • May require: that the group by divided into two or more separate parts without a significant cessaPon of criPcal funcPons; a degree of legal, financial, and operaPonal separaPon within the group, which may require changes to the way groups are structured, or robust service level agreements to ensure the conPnuity of any criPcal shared services across enPPes subject to resoluPon at different points of entry.
  8. 8. RESOLUTION PLANNING OPERATIONAL RESOLUTION PLAN… OperaPonal ResoluPon Plan specifies in more detail those decisions required to implement the strategic approach outlined in the resoluPon strategy. Such detail may cover the following: • Processes for deciding on the preferred resoluPon strategy • ResoluPon powers to support implementaPon of the strategies • CriPcal funcPons and criPcal shared services • CondiPons for acPvaPon of resoluPon plans • Scope – legal enPPes subject to resoluPon • PotenPal sources of resoluPon funding • InformaPon requirements • ValuaPon requirements • Regulatory and third party approvals • Appointment of advisors • Payments, clearing, and seqlement • Moratoria and stays • Maintenance of third party contracts and intra-group Service Level Agreements • CommunicaPon with host authoriPes and other parPes

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