Federal Reserve Board Study on International Coordination Relating to Bankruptcy Process for Non-bank Financial Institutions

Section 217 of  The Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (“Dodd-Frank Act”) directs the Federal Reserve Board (“Board”), in consultation with the Administrative Office of the United States Courts, to conduct a study regarding international coordination relating to the resolution of systemic financial companies under the US Bankruptcy Code (“Code”) and applicable foreign law. The Dodd-Frank Act requires the following issues to be studied: (i) the extent to which international coordination currently exists; (ii) current mechanisms and structures for facilitating international cooperation; (iii) barriers to effective international coordination; and (iv) ways to increase and make more effective international coordination of the resolution of financial companies, so as to minimize the impact on the financial system without creating moral hazard. The recommendations to improve international coordination include the development of resolution plans or frameworks, the development of cooperation and coordination agreements regarding resolution plans among the relevant authorities, and increased access to and sharing of information by regulatory authorities in times of stress.

Originally Published: 
01/07/2011