More than 100 financial companies are deep in the throes of completing their first annual resolution plans (due in December), while those with the most US nonbank assets are anxiously awaiting regulators’ response to their submissions from earlier this year. If the Federal Reserve (“FRB”) and the FDIC do not find the companies’ resolution plans credible, they hold significant powers to force change either through increased capital or liquidity requirements or, in the extreme, corporate restructurings and divestitures.
As a result, resolution planning already has the attention of the thousands of people on whose shoulders the construction of these plans rest. Beyond them, there are as many regulators and industry watchers who fully appreciate the gravity of resolution planning and its potential to dramatically influence the ever-changing financial landscape.
It therefore comes as no surprise that the FRB’s and Federal Reserve Bank of Richmond’s jointly-sponsored conference on resolution planning on October 18th received wide attendance and participation. The invitation-only event focused on Category 1 and Category 2 plan filers (i.e., those with US nonbank assets of at least $100 billion and global assets of at least $50 billion (“US-SIFIs”)) in a discussion of industry-wide challenges for the orderly resolution of large and complex financial institutions under the Dodd-Frank Act. Its purpose was to “stimulate constructive dialogue among knowledgeable professionals and the practitioners involved in constructing and assessing resolution plans.” Participants included not just regulators and the regulated, but also other members of industry including lawyers, consultants, rating agencies, buy-side investors, and think tanks.
In our view, the high level takeaways from the event are the following: