|
| Summary of 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
|