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EU seeks to handle cross-border bank insolvencies

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Published 19 October 2010, updated 21 October 2010

Failing cross-border banks might see themselves under the thumb of pan-European resolution authorities, if an EU proposal on crisis management, due for publication tomorrow (20 October), becomes a reality.

European Union policymakers want large cross-border banks to comply with EU rules on how to wind down their operations.

The move represents the EU's latest attempt to isolate the kind of contagion caused by failing banks during the 2008 financial crisis.

Dedicated EU "resolution colleges" of supervisors and special advisers will form part of the policy, which is part of a wider G20 plan to tackle banks that are "too big to fail".

The G20's finance ministers and central bank governors meeting in Gyeongju, Korea, this week will discuss a similar global proposal for "bank bail-ins" whereby bondholders would have to live with a quick and less valuable conversion of their debt into equity in order to stabilise a bank's capital base.

Regulators and analysts have already cast doubts on such plans and more widely on the EU's involvement in bank failures.

Industry sources underline that regulators will have a hard time pinpointing which banks are in trouble in the first instance.

"The definition of insolvency is invariably a testing concept in practice because there is simply no 100% robust means of assessing a priori whether an institution is insolvent or whether there is a liquidity issue exclusively," says one industry insider.

The draft proposal, seen by EurActiv, seeks to identify triggers for regulators to intervene in troubled lenders earlier than their national supervisors may have done in the past.

These triggers will likely require upcoming EU rules on capital requirements to be tweaked, according to another industry source.

Converting debt to equity also crops up in the EU paper but it is unclear whether conversions should be mandatory or at the administrator's discretion.

Having the same answer to remedy insolvent banks in the bloc is impossible and dodges the most important question coming out of the financial crisis: what to do with banks that are too big to fail, argues Karel Lanoo from Brussels-based think-tank CEPS (Centre for European Policy Studies).

"We do not need harmonisation, we need supervisors to step in earlier," Lanoo argues.

"We need smaller-sized banks and banks should be allowed to fail," he continues.

Next steps: 
  • 20 Oct: European Commission unveils communication on Cross-border Crisis Management.
  • 22-23 Oct: G20 finance ministers and central bank governors convene in South Korea to discuss "bail-ins" among other subjects.
Background: 

The idea of making banks and other financial institutions pay for failings in the sector is not new.

The Group of the Twenty most industrialised countries worldwide (G20) has already called for a framework to prevent and cope with future financial crises on several occasions, with which the private sector would be actively involved.

EU Internal Market and Financial Services Commissioner Michel Barnier has made clear that he will not refrain from taking a tough stance against the private sector if necessary.

Barnier has had some success in financial services policymaking after finance ministers and the European Parliament gave their blessing to new EU supervisors of financial services (EurActiv 22/09/10).

Under draft plans, the wind-down of cross-border banks would likely fall under the same EU authorities' responsibilities.

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