2013•SSRN Electronic JournalOpen access

Safe to Fail

Thomas F. Huertas

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Abstract

Banks cannot be made fail-safe. But they can be made safe to fail, so that the failure of a bank need not disrupt the economy at large nor pose cost to the taxpayer. In other words, banks can be made resolvable, and “too big to fail” can come to an end. To do so, the authorities, banks and financial market infrastructures need to prepare in advance for what amounts to a pre-pack reorganization of the bank that the resolution authority can implement over a weekend, if the bank reaches the point of non-viability in private markets (fails to meet threshold conditions). This pre-pack consists of two principal elements: (i) a recapitalization of the bank through the bail-in of investor instruments, and (ii) the provision of liquidity to the bank-in-resolution. Creating such a pre-pack solution should form the core of the resolution plans that authorities are developing for global systemically important financial institutions (G-SIFIs).

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Banks cannot be made fail-safe. But they can be made safe to fail, so that the failure of a bank need not disrupt the economy at large nor pose cost to the taxpayer. In other words, banks can be made resolvable, and “too big to fail” can come to an end. To do so, the authorities, banks and financial market infrastructures need to prepare in advance for what amounts to a pre-pack reorganization of the bank that the resolution authority can implement over a weekend, if the bank reaches the point of non-viability in private markets (fails to meet threshold conditions). This pre-pack consists of two principal elements: (i) a recapitalization of the bank through the bail-in of investor instruments, and (ii) the provision of liquidity to the bank-in-resolution. Creating such a pre-pack solution should form the core of the resolution plans that authorities are developing for global systemically important financial institutions (G-SIFIs).

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Available abstract

Banks cannot be made fail-safe. But they can be made safe to fail, so that the failure of a bank need not disrupt the economy at large nor pose cost to the taxpayer. In other words, banks can be made resolvable, and “too big to fail” can come to an end. To do so, the authorities, banks and financial market infrastructures need to prepare in advance for what amounts to a pre-pack reorganization of the bank that the resolution authority can implement over a weekend, if the bank reaches the point of non-viability in private markets (fails to meet threshold conditions). This pre-pack consists of two principal elements: (i) a recapitalization of the bank through the bail-in of investor instruments, and (ii) the provision of liquidity to the bank-in-resolution. Creating such a pre-pack solution should form the core of the resolution plans that authorities are developing for global systemically important financial institutions (G-SIFIs).

Key concepts: Recapitalization, Too big to fail, Taxpayer, Business, Market liquidity, Point (geometry), Financial system, Principal (computer security)

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