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Annex B

B. Information that Supervisors will likely want to obtain during the course of an emergency situation

In contrast to basic financial and operational information generally available to supervisors, the information that a supervisor will likely want to obtain from a supervised entity during the course of an emergency situation would not necessarily be available to the supervisor prior to an emergency situation. It would be the particulars of the emergency -- the nature and scope of the problem -- that would indicate what information would be required by supervisors. However, the supervised entity's risk-taking, risk management, financial, operational, and control systems should be sufficient to capture and provide the desired information. Although the nature and scope of the emergency situation will determine specific information needs, those needs would generally include the following:

  • What is the nature and severity of the emergency situation within the supervised entity?
  • How is the supervised entity responding to the emergency situation?

This information could include the person(s) managing the emergency situation within the firm with their location, the use of any contingency plan or other set of general instructions to managers of the firm during the emergency, and the awareness and involvement of the firm's board of directors.

  • What is the impact of the emergency situation on the supervised entity's exposure to counterparties, including customers, depositories, exchanges, and clearing organisations?
  • How has the emergency affected the supervised entity's liquidity and funding profile?

This information could include the exposure of counterparties, including customers, depositories, exchanges, and clearing organisations, to the supervised entity, their reaction to the emergency, including willingness to enter into new funding or trading transactions with the supervised entity, upcoming settlements, and actual and expected margin and collateral calls.

  • Are customer assets sufficiently safeguarded from the effects of the emergency situation and these assets fully accessible to customers?

This information could include the location of client account information, the amount of client securities and client money by custodian or manager, whether assets can be transferred, liquidated or otherwise offset, whether custodial or cash account services are provided by the supervised entity or its affiliates, and, if so, the use of customer cash or securities to obtain funding for the supervised entity or an affiliate. Information about custodial or fiduciary services provided by the supervised entity may also be of interest. Additionally, it may be useful for insurance companies to provide information about assets that are held to cover insurance company technical provisions, as these assets generally have to be held apart from other assets of the group in accordance with national law.

  • To what extent are affiliates of the supervised entity affected by the emergency situation and to what extent do the affected affiliates pose a risk to the supervised entity?

This information could include whether the supervised entities' affiliates are in compliance with their regulatory capital requirements and the size and nature of intercompany balances or exposures, current flows of funds, prospective cross-entity funding or capital needs, unusual flows of funds or impediments to flows of funds.

  • What is the extent, if any, of operational or support functional difficulties resulting from the emergency situation?

This information could include strains in processing transactions in securities or processing of insurance claims, or other operations, such as backlogs, unusual number of fails to deliver, trade matching or reconciliation problems, the geographic and legal entity location of major operational centres, location of back-up operational personnel and contact names, and for outsourced arrangements, any change in the relationship between the supervised entity and the outsourcer.

  • To what extent are the firm's shareholders willing to support the firm during the emergency situation?

This information could include data on the level of daily trading volume in the firm's stock since the announcement of the emergency situation compared with the level of daily trading volume for some period prior to the announcement. Information regarding the change in the firm's stock price since the announcement could also be relevant.

  • What options are available regarding the sale of the entire supervised entity or part of its business to another company?

This information could include the number of serious offers (if any) that have been extended by other entities to purchase all or part of the entity since the announcement of the emergency situation.

  • How has the media reacted to the emergency situation?

This information could include any articles printed in newspapers or trade journals that refer to the emergency situation. Any relevant press releases issued by the supervised entity would also be of interest.

  • What plans have been made to restore the firm to sound financial condition?

This information could include details on any plans that have been developed and any specific measures that have already been taken in response to the emergency situation. It is important that the impact any such plans could have on other entities (e.g., if the implementation of the plan could affect another entity's financial position) should be considered.

The information received from supervised entities in response to requests by supervisors for information will, in turn, usually lead to more specific, detailed and in-depth questions based on the specifics of the emergency situation and the involvement of the supervised entity. A contact person should be identified at a supervised entity to act as the primary liaison between the supervisor and the supervised entity during an emergency.

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