Recovery & Resolution Plans (RRPs) or “Living Wills” have been proposed by international regulatory and political bodies including the G20 and the Financial Stability Board as part of the wider set of reforms to make the financial system safer. National regulators and policy makers have begun to produce detailed rules and guidance about what these should look like. In addition to Systemically Important Financial Institutions (SIFIs) around the world, living wills will also very soon be a requirement for a number of financial institutions in the UK, including all deposit takers.
There are two primary components to a living will:
Crucial to the development of both these plans is a clear understanding of the structure of the group and of the interdependencies which exist in this structure.
All financial institutions will need to be able to clearly articulate the structure of their legal entities, business lines and supporting infrastructure and demonstrate a clear understanding of the impact that these structures have on both recovery and resolution. The Prudential Regulation Authority document Our approach to banking regulation (PDF) published in May 2011 notes that “resolvability” is a key element of UK prudential regulation and in particular in considering the appropriateness of firm structures.
Whilst putting together a living will is likely to be a significant body of work for all but the simplest of institutions, there are potential advantages which can be obtained from the process. As the concept continues to develop on a national and international level, firms need to be mindful of the business opportunities that will arise from increased transparency and better management information.
Recovery & resolution plans are central to the global regulatory response to the financial crisis led by the G20 and the Financial Stability Board. Deloitte has been active in this area since late 2009 working with banks and regulators nationally and internationally addressing the requirements for living wills.