Risk Library
   Documents by Author
     Group of Thirty (G30)
       International Insolvencies in the Financ...
         Summary of Recommendations
         Introduction
         Background
         Recommendations










 

International Insolvencies in the Financial Sector; Study Group Discussion Draft

Summary of Recommendations

Through existing international regulatory forums, national regulators should:
  • encourage co-operation among regulators of different types and between regulators and insolvency practitioners.

  • develop a protocol on the organization, timing and type of assistance they should extend to foreign administrators.

  • take steps to reduce risks in clearance and settlement.

  • help establish standards on the hand-over of proprietary models by insolvent firms to potential purchasers.

  • sponsor a forum to explore ways to speed up the process of assigning a portfolio of over-the-counter derivatives.

Regulators should:

  • take the insolvency regime in the home country into account when licensing the operations of foreign financial firms.

Administrators should:

  • endeavor to provide speed and certainty in the handling of international financial insolvencies as they develop broader measures to improve cooperation, recognition and access to insolvency proceedings.
Legislators should:
  • enact laws to ensure judicial cooperation, access and recognition in international financial insolvencies, preferably supporting the norms of universality.

  • as soon as possible, eliminate any doubts about close-out netting.

  • in countries where no clear distinction is drawn between house and client assets, amend the law to clarify the position.

  • legislate to make it possible for administrators of financial firms to continue trading, in the interests of managing market risk.
Internationally active financial firms should:
  • develop industry standards for monitoring, measurement and management of all sizable exposures by legal entity of counterparty, form of documentation and law of jurisdiction.

  • develop industry standard for keeping up-to-date information on all significant exposures in a central location and in a readily available, standard form.
Associations whose master agreements are in wide use for various over-the-counter transactions should:
  • pursue reliable means for settling claims across instrument type, including through development or endorsement of a single master agreement.

Contact us * Risk Library * Documents by Author * Group of Thirty (G30) * International Insolvencies in the Financial Sector; Study Group Discussion Draft