1. Gibraltar Resolution Planning Framework
Industry Dialogue Workshop: Content of Resolution Plans
28 February 2018

2. Today’s Content Bank Resolution Revisited
Quick recap on Gibraltar's Bank Resolution Structure
Steps for resolution planning
Content of Resolution Plans
Industry Dialogue Workshops
Information for Resolution Plans
Burden Shifting in Bank Resolution
MREL Calculation
Summary/Next Steps
Questions/Comments
28 February 2018

3. Bank Resolution Revisited
In 2014 Bank Resolution legislation was adopted in Gibraltar whereby establishing rules for handling crises within credit institutions and certain investment firms, thus creating a special procedures for reconstruction and winding up of such firms, called ‘resolution’.
The RCU is responsible for preparing Gibraltar BRR firms for resolution in the event of an institution failing or likely to fail. A resolution plan mainly describes how the failure of a firm will be managed to minimise its impact on the financial system, the economy, and if applicable, the continued operation of critical services.
Where firms are considered not to be systemically important, these plans will assume liquidation for the firm. Where a liquidation is expected to have significant adverse on financial markets, other institutions, financing conditions or the economy as a whole the institution is expected to be resolved (ie stabilised and restructured accordingly).
28 February 2018

4. The FSRCC/RCU are operationally separate from the GFSC
Gibraltar's Bank Resolution Structure
The FSRCC/RCU are operationally separate from the GFSC
28 February 2018

5. Plan Anticipates Resolution
Resolution Planning and Actions
Resolution Plan
Prepared by RCU with a full set of measures to wind down a failing bank without the knock on effect on the local economy & taxpayer
FSRCC
Plan Anticipates Resolution
Based on exiting plan
Bank Falls into trouble
Existing Recovery Plan is used
Recovery fails
Bank determined failing or likely to fail
Bank enters resolution (or enters liquidation)
Bank re-organised
FSRCC decides upon resolution scheme
28 February 2018

6. Address impediments and determine MREL
Steps for Resolution Planning: RCU
Analyse the bank's critical functions
Assess whether bank can be wound up under normal insolvency proceeding
Determine preferred resolution strategy for bank
Assess resolvability of bank and identify impediments
Address impediments and determine MREL
Review / Update Resolution Plan
Phases to be delivered via Industry Dialogue Workshops
28 February 2018

7. Content of Resolution Plans
Executive Summary
Strategic Business Analysis
Preferred Resolution Strategy
Financial and Operational Continuity
Information and Communication Plan
Conclusion of Resolvability Assessment
Opinion of Institution
Info from firm required
Info from firm required
28 February 2018

8. Industry Dialogue Workshops
Content of Resolution Plans: 3rd November
Introduction to MREL and MREL setting: 6th December
Data liquidity template: February 21st 2018
Simplified Obligations: February 28th 2018
Critical Functions\Shared Services: March 21st 2018
28 February 2018

9. Information for Resolution Plans
Relevant, accurate and updated information on institutions is crucial in order for resolution authorities to draw up resolution plans and substantiate their resolvability assessment and resolution strategy
Draft Implementing Technical Standards (ITS) have recently been developed by the EBA on the information which institutions must provide to resolution authorities for the purpose of drawing up and implementing resolution plans
Under Simplified Obligations, resolution plans do not need to be extensive or updated as often as full plans. As a result, the information requirements imposed on firms concerned should reflect this and can help provide a more proportional regulatory approach and reduce unnecessary burden for firms.
No final decisions have been made on whether SO will apply to identified firms. This will come in time following an assessment of the potential SO firms.
28 February 2018

10. Burden Shifting in Bank Resolution
An overarching objective of a Bank Resolution regime is to shift the burden of bank rescues from taxpayers to bank creditors. RA’s are now given the power to allocate losses to shareholders and creditors through the "bail in" tool. Shareholders and creditors must therefore absorb losses in a Bank resolution scenario.
As of today, upon resolution, a failing institution may or may not hold a sufficient amount of bail-inable liabilities. To tackle this issue, the BRRD provides that institutions shall meet at all times a minimum requirement for own funds and eligible liabilities (MREL), to be determined by the RA.
The MREL constitutes an anchor point for the resolution frameworks, as it determines the credibility of the bail-in regime. As bailing-in some liabilities may be legally difficult or potentially disruptive for the real economy, the BRRD provides also for a list of liabilities which must not be bailed-in, in particular covered deposits and secured liabilities.
28 February 2018

11. Calculation of MREL
MREL is to be calculated on the basis of two key components:
the loss absorption amount (LAA), based on the capital requirements of the current balance sheet, including regulatory capital requirements, the combined buffer requirements, and additional pillar 2 requirements (bank specific) set by the supervisor. The RA can also adjust this based on a risk assessment of the entity (through SREP);
the recapitalisation amount (RCA), which aims at covering the capital requirements of the failing institution post-resolution, taking into account potential divestments and other resolution actions under the preferred resolution strategy (the RA may be set to nil if it considers it can be put into liquidation), as well as the need to maintain sufficient market confidence;
28 February 2018

12. Summary/Next Steps
Simplified obligations entail that certain exemptions can be made from the requirements regarding the content and updating frequency of Resolution Plans.
An assessment is now required on the classification of a number of Gibraltar based firms on their potential inclusion as SO firms.
The RCU consider that by complying with the general rule of proportionality with smaller (SO categorised) firms reduced information requirements will be in place for the purposes of resolution planning. On a case by case basis however the RCU may need to request further information directly from these firms.
28 February 2018

13. Questions
Comments
28 February 2018