BANK INTERVENTION and

RESOLUTION: Part 1

United States Department of the TreasuryOffice of Technical AssistanceBanking & Financial Services

Program

• Introduction• Advance Preparation

• Intervention• Resolution

• Immediate Actions at Intervention• Functional Areas – Checklists• Conclusion

Introduction

• Problem bank resolution is a challenge in many countries worldwide and comprises two processes:

1. Intervention

2. Resolution

Bank Intervention

• The process of actually securing and inventorying a bank’s assets and preparing a final set of financial statements

Bank Intervention

3 situations for Bank Intervention:1.To close a bank and immediately liquidate or do

a P&A transaction

2.To take control of a bank and appoint a Special Administrator

3.To resolve a bank in Special Administration

Bank Intervention and Resolution

• Non-linear actions• Advance preparation should be concurrent

and coordinated.• Both converge at intervention

Bank Resolution

• The decisive action to solve the problems of the bank; by private solutions (e.g. recapitalization, sale of bank shares, merger, etc.), assisted transaction (e.g., P&A transaction), or liquidated payout

Problem Bank Resolution

• Two major regulatory players:

1.Supervisory authority (NBM)

2.Deposit Guarantee Fund (DGF)

Problem Bank Resolution

• The supervisory authority should: • Have an effective licensing or chartering

regime• Conduct regular and thorough

examinations of individual banks• Have a problem bank process that includes

early detection, timely intervention, and resolution

Deposit Insurance Objectives

• Protect small depositors• Promote financial stability by making

prompt reimbursement to insured depositors in the event of a bank failure

Effective Legal Framework

• Highly desirable to have a special bank resolution regime (SRR)

• At a minimum, the SRR provides for a level of judicial review such that the bank supervisor’s decisions cannot be reversed—any successful appeals limited to monetary damages

Legal Framework Nexus with DGF Objectives

• Promote financial stability by making prompt reimbursement to insured depositors in the event of a bank failure.

• If DGF must wait to reimburse insured depositors while bankruptcy court appeal process runs its course, it’s impossible to meet this objective

Legal Framework Nexus with DGF Objectives

• With SRR (and with advance preparation), DGF can make insured depositor reimbursement virtually immediately—either directly or via a P&A transaction

Bank Resolution

• Problem bank resolution is broadly characterized in three categories:• Private solutions (mergers,

recapitalization, sale, etc.)• Assisted transactions (P&A

transactions)• Liquidation

Private solutions

• Do nothing (forbearance)• Arrange mergers, recapitalization,

sale, etc.)• Perhaps during Administration

Assisted transactions

• Purchase and Assumption (P&A) transactions• Insured or all deposits and certain assets• Transferred to stronger (assuming) bank

Assisted transactions

• Bridge bank• All or part of bank’s business• Owned and operated temporarily by

government

Liquidation

• Only insured deposits are paid• Additional recoveries to uninsured

depositors and other creditors derived from the liquidation of assets

• NBR responsible for management and disposition of all closed bank assets and has authority independent of the court system

Bank Resolution

Preferred failing bank resolution methods are those that help prevent adverse economic results. Their goals are to:

• Preserve franchise values• Maximize private ownership of assets• Minimize government ownership of assets• Preserve (or help create) competitive markets

P&A

• Standardized contract setting forth the conditions of a bank resolution to all interested parties

P&A

• Financially healthier bank will purchase certain “good” assets and assume insured deposit liabilities

P&A

• Can be accomplished quickly (usually over a weekend)

• Potential to maintain banking services in under-served communities.

P&A

Using assets in a P&A to fund deposits has two added benefits:

1. keeps assets in the private sector, and,

2. reduces the financial outlay that a DIA must provide to repay insured deposits

Primary Goals of Bank Intervention

• A bank intervention is a process driven function consisting of two primary areas:• Secure, Control and Inventory • Reconcile and Balance

Bank Intervention

• Advance Preparation for Intervention• Immediate Actions at Intervention• Function Areas Checklists

Bank Intervention

• Intervention is necessary whenever the Supervisory Authority appoints a Special Administrator or Receiver for a problem bank

Special Administration

• Two alternatives to guide the extent of intervention activities in case of Special

Administration: 1. Where existing owners and management are

cooperative in trying to preserve value and rehabilitate the bank, and

2. Where a bank’s owners and management are uncooperative and opposed to any intervention

Cooperative Management:

• The Authorities may be comfortable with the quality of the bank’s staff, operations and controls and not require a full-scope Intervention.

Uncooperative Management:

• The Authorities should fully incorporate appropriate Bank Intervention procedures in order to prevent asset stripping, destruction of records, etc., and any consequent potential adverse impact on public confidence.

Bank Intervention

• The intervention team must be prepared for a large number of customers who want their deposits.

Bank Intervention and Resolution

Advance Preparation • Both bank intervention and resolution

advance preparation should be conducted concurrently.

KEY ISSUES AND CONCERNS

• Specific information about the bank is also vital• Most recent balance sheet• Most recent reports of examination and audit

reports• Information on parties who have contributed to

the failure of the bank• Estimates of insured and uninsured deposits• Locations of branches and other facilities• Information on large borrowers and depositors

KEY ISSUES AND CONCERNS

• The more information about the bank that is available, the easier and quicker the closing will be.

• Conversely, inadequate information can lead to a difficult and lengthy closing process and delay the insured deposit payment

Preparedness

• NBM and DGF should be working to be prepared for both types of resolution:

• Policies and Procedures written for all areas of operation

• Training programs based on policies and procedures

• Staff should be hired and trained ahead of time• Delegations of authority and decision making

system should be in place with appropriate training

Preparedness

• Clear lines of communication and cooperation should be worked out between NBM and DGF before bank is closed

• Sharing of all required information on a timely basis• Early identification of failing banks and which

resolution method will be used• Closing assistance of NBM and DGF personnel

when necessary• Projected schedule of interventions into failing

banks

Bank Intervention Team

• Special Administrator (or)• Receiver • Bank Intervention Manager• Accounting Team• Asset Team• Branch Operations Team• Deposit Operations Team• Facilities and Security Team• Information Technology Team• Legal Team:• Personnel Team

Team Responsibility

Special Administrator • Responsible for conserving the assets and

liabilities, preparing a final resolution plan and winding up all affairs of the Special Administration.

• Handles all contacts with the Media after the Intervention period

• Has Power of Attorney to execute documents on behalf of the Special Administration.

Team Responsibility

Receiver • Responsible for liquidating the assets and

liabilities and winding up all affairs of the Receivership

• Handles all contacts with the Media after the Intervention period

• Has Power of Attorney to execute documents on behalf of the Receivership.

Team Responsibility

Bank Intervention Manager• Plans, manages and coordinates all activities

relating to the intervention. • Manages the Intervention Team including

release dates• Acts as the primary contact for the Assuming

Bank and failed bank employees.

Team Responsibility

Accounting Team• Closes out the books of the failed bank. • Reconciles general ledger accounts and

compiles an adjusted final balance sheet for the failed bank

Team Responsibility

Asset Team

• Inventories, segregates and secures pooled notes, files and collateral

• Determines, based on the Agreement, the split of assets between the Assuming Bank and the Receiver.

Team Responsibility

Asset Team (cont)

• Begins disposal of retained other real estate (ORE), vehicles, and Other Assets

• Reviews assets retained by Receiver, assembles packages, and implements procedures to market and sell the assets, via a sealed bid process, to interested investors

Team Responsibility

Branch Operations Team• Control branch premises and operations.• Take control of the cash and any other

valuable documents (notes, negotiable collateral, safekeeping items and other negotiable instruments) at these branches.

• Coordinate branch operations with functional areas, including facilities management, personnel, lending, teller, and deposit functions

Team Responsibility

Deposit Operations Team• Responsible for the repayment of insured

deposits. • Notifies and meets with uninsured depositors. • Completes determinations of insurance and

creditor claims. • Determines and notifies the general creditors

that the bank has failed and communicates the claims filing procedures (time period, etc.).

Team Responsibility

Facilities and Security Team• Responsible for financial and physical

maintenance of office properties and other fixed assets.

• Arrange and maintain work stations for all employees (locate and provide additional work space if needed)

Team Responsibility

Facilities and Security Team (cont)• Arrange for delivery of copiers, fax machines,

and printers as needed• Place moveable assets, such as vehicles,

furniture, fixtures, and equipment under control and immediately inventory (from largest to smallest value)

Team Responsibility

Facilities and Security Team (cont.)• To safeguard the assets of the bank and

safety of employees by preventing:• Entry by unauthorized persons; • Vandalism of property, including files and

records• Theft of bank property.

Team Responsibility

Information Technology Team• Coordinates and communicates with the data

processing servicer, whether in-house or off-site. • Coordinates report generation and distribution.• Controls, transfers or terminates any E-Banking

capability, including ATMs

Team Responsibility

Legal Team:• Advisory capacity to Administrator or

Receiver and Bank Intervention Manager prior to and during bank Intervention

• Ensures that intervention documents are complete, accurate, signed and properly filed.

• Review of Contingent Liabilities and Preparation of the Closing Memoranda and the Legal Closing Book

Team Responsibility

Legal Team (cont.)• Oversight of Inherited Litigation Intake • Provides the Intervention Team with legal

interpretations of any transactional agreement.

• Processes bond claims and Director and Officer insurance claims. Duties include employee interviews, desk audits and gathering and inspection of bank records.

Team Responsibility

Personnel Team• Audits and inventories the failed bank’s

personnel files for receipt by the Assuming Bank. • Holds employee meetings for failed bank

employees to explain the situation.