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Bank Resolution Regimes and Bail-in Tools

Central Banking and Monetary Policy November 30, 2025
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Introduction

The establishment of credible bank **Resolution Regimes** is the core component of the post-crisis international reform agenda aimed at ending the "too-big-to-fail" problem and protecting taxpayers. This advanced course provides a detailed legal, operational, and policy analysis of modern resolution frameworks, focusing heavily on the implementation and mechanics of the **Bail-in Tool**. Participants will explore the design of Resolution Plans ("living wills"), the minimum requirement for own funds and eligible liabilities (**MREL/TLAC**), and the legal and operational challenges of executing a resolution that ensures financial stability while imposing losses on shareholders and creditors.

Objectives

Upon completion of this program, participants will be able to:

  • Explain the principles and objectives of modern bank resolution regimes (e.g., FSB Key Attributes).
  • Analyze the structure, legal basis, and governance of a national Resolution Authority.
  • Evaluate the content and credibility of bank **Resolution Plans (RRPs)** ("living wills").
  • Describe the legal and operational mechanics of the **Bail-in Tool** (conversion and write-down).
  • Understand the regulatory requirements for **MREL (Minimum Requirement for Own Funds and Eligible Liabilities)** and **TLAC (Total Loss-Absorbing Capacity)**.
  • Assess the operational challenges of maintaining critical functions (e.g., payments, IT) during resolution.
  • Examine the cross-border coordination and cooperation required for the resolution of Global SIFIs.
  • Formulate a comprehensive strategy for preparing a bank for resolution (e.g., separability, resolvability assessment).

Target Audience

  • Bank Supervisors and Resolution Authority Personnel
  • Commercial Bank Resolution Planning and Treasury Teams
  • Legal Counsel and Compliance Officers specializing in Resolution Law
  • Central Bank Financial Stability Analysts
  • Government Policy Makers on Financial Stability
  • Internal Auditors specializing in Resolution Preparedness

Methodology

Bail-in tool operational simulation, RRP review and gap analysis group project, Case studies on historical bank failures and resolution actions, Workshops on MREL/TLAC calculation and issuance, Policy debates on creditor hierarchy and NCWO, Legal analysis of cross-border resolution recognition.

Personal Impact

  • Master the principles and legal framework of modern bank resolution regimes.
  • Acquire specialized knowledge in the design, funding, and execution of the **Bail-in Tool**.
  • Enhance analytical skills for assessing the credibility of Resolution Plans (RRPs).
  • Gain proficiency in MREL/TLAC requirements and their strategic funding implications.
  • Improve career prospects in resolution authority, supervision, and treasury planning.
  • Be able to contribute to the effective mitigation of systemic risk.

Organizational Impact

  • Ensure institutional compliance with all resolution regime requirements (e.g., MREL/TLAC).
  • Develop and maintain a credible and fully executable Resolution Plan.
  • Strengthen the organization's resolvability through enhanced operational and legal separability.
  • Improve coordination with the Resolution Authority and cross-border regulators.
  • Reduce reliance on implicit government support and the "too-big-to-fail" moral hazard.
  • Contribute to overall financial stability and taxpayer protection.

Course Outline

Unit 1: Foundations of Bank Resolution

Section 1: The Need for Resolution
  • The "too-big-to-fail" problem and the rationale for an alternative to taxpayer bailouts.
  • The **FSB Key Attributes of Effective Resolution Regimes for Financial Institutions**.
  • Distinguishing resolution from traditional insolvency (liquidation) and deposit insurance.
  • The legal establishment and powers of the Resolution Authority.
Section 2: Resolution Planning (RRPs)
  • The regulatory mandate for banks (especially SIFIs) to develop a **Resolution Plan** ("living will").
  • Key elements of a resolvable structure (e.g., clear lines of business, separability).
  • The process of **Resolvability Assessment** by the Resolution Authority.
  • The concept of the Single Point of Entry (SPE) vs. Multiple Point of Entry (MPE) resolution strategy.

Unit 2: Loss Absorption and the Bail-in Tool

Section 1: MREL and TLAC Requirements
  • The requirement for **Total Loss-Absorbing Capacity (TLAC)** for Global SIFIs.
  • The EU/UK equivalent: the **Minimum Requirement for Own Funds and Eligible Liabilities (MREL)**.
  • Defining the eligible liabilities and instruments for bail-in.
  • Strategic implications of MREL/TLAC for bank funding structure and issuance.
Section 2: Mechanics of Bail-in
  • The legal and statutory conditions for the Resolution Authority to activate the bail-in tool.
  • The operational mechanics of writing down or converting specific liabilities (e.g., bonds) into equity.
  • The concept of creditor safeguards and the "no creditor worse off than in liquidation" (NCWO) principle.
  • Legal challenges and cross-border enforceability of bail-in.

Unit 3: Resolution Tools and Operational Continuity

Section 1: Other Resolution Tools
  • The use of the **Bridge Institution** (Bridge Bank) tool for temporary operations.
  • The Asset Separation Tool (bad bank) and its function in resolution.
  • Sale of Business and the role of the Deposit Insurer in purchase and assumption transactions.
  • Legal requirements for ensuring continuity of contracts (e.g., derivatives) during resolution.
Section 2: Operational Separability and Continuity
  • Identifying and ensuring the continuity of **Critical Functions** (e.g., payments, custody, IT).
  • The need for financial, operational, and legal **separability** of business lines.
  • Addressing shared service agreements and the risk posed by central service entities.
  • The process of information and data sharing between the bank and the Resolution Authority.

Unit 4: Cross-Border Issues and Implementation

Section 1: Cross-Border Resolution
  • Challenges in resolving Global SIFIs with operations in multiple jurisdictions.
  • The role of **Crisis Management Groups (CMGs)** and cross-border cooperation agreements.
  • Legal recognition of foreign resolution actions and the principle of **mutual recognition**.
  • The coordination of liquidity provision (LOLR) during a cross-border resolution.

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Upcoming Sessions

16 Mar

Lisbon

March 16, 2026 - March 20, 2026

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27 Apr

Riyadh

April 27, 2026 - May 01, 2026

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11 May

Milan

May 11, 2026 - May 15, 2026

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