On 29 September 2014, the FSB published a consultative document – Cross-Border Recognition of Resolution Action – that proposed a set of policy measures and guidance consisting of: (i) elements that jurisdictions should consider including in their statutory frameworks to facilitate effective cross-border recognition; and (ii) contractual approaches to cross-border recognition, focusing on temporary restrictions or stays on early termination and cross-default rights in financial contracts and the ‘bail-in’ of debt instruments that are governed by the laws of a jurisdiction other than that of the issuing entity. The FSB received 26 comment letters from public authorities and regulatory bodies, financial institutions, industry and professional associations, law firms and think tanks. This report summarises the responses to the consultation which welcomed the FSB focus on cross-border recognition with many stressing that this is fundamental to effective resolution.
Overview of Responses to the Public Consultation to Principles for Cross-border Effectiveness of Resolution Actions
3 November 2015 | PDF full text (175 KB)