
Robert A. Marsico
Partner
201-896-7165 rmarsico@sh-law.comFirm Insights
Author: Robert A. Marsico
Date: November 22, 2013

Partner
201-896-7165 rmarsico@sh-law.comThe requirement that large banks submit written plans for rapid and orderly resolution in bankruptcy in the event of financial failure is a key feature of the federal government’s plan to keep the 2008 financial crisis from repeating. However, many banks still need to fine-tune their resolution plans, according to federal regulators.
Under the Dodd-Frank Act, certain large U.S. financial institutions must submit resolution plans to the Federal Reserve Board of Governors (Board) and the Federal Deposit Insurance Corporation (FDIC), which detail the banks’ strategies for liquidation or reorganization under the U.S. bankruptcy code in the event of material financial distress or failure. The plans, which are required in response to the “too big too fail” problem of the 2008 financial meltdown, call for banks to manage a similar crisis without extraordinary government assistance.
Financial institutions with $250 billion or more in U.S. nonbank assets were required to submit their initial plans last summer. Those firms include Bank of America Corporation, Bank of New York Mellon Corporation, Barclays PLC, Citigroup Inc., Credit Suisse Group AG, Deutsche Bank AG, Goldman Sachs Group, Inc., JPMorgan Chase & Co., Morgan Stanley, State Street Corporation, and UBS AG.
However, the regulators ultimately determined that most of the submitted resolution plans fell short. In subsequent Federal Reserve guidance, the FDIC and the Board called for more detailed information and analysis regarding how the firms would address obstacles to resolvability under the Bankruptcy Code, including multiple competing insolvencies, global issues, financial market utility interconnections, and funding and liquidity. The regulators also required the banks to provide additional support for the strategies and assumptions contained in their resolution plans.
In essence, the agencies want to ensure that the resolution plans offer a credible strategy rather than simply fulfill a regulatory requirement. If the Board and the FDIC are still not satisfied, they have the power to force restructuring, although such a drastic measure is unlikely. The next group of banks —those with less than $100 billion total U.S., non-bank assets — must submit their final plans by the end of the year.
If you have any questions about the new resolution plan requirements or would like to discuss the legal issues involved, please contact me, Robert Marisco, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!