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.
Bank Resolution Regimes and Bail-in Tools
Central Banking and Monetary Policy
November 30, 2025
Introduction
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.
- 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.
- 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.
- 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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