スペインの銀行を救済するための編成改革条件(要件)や、実行性のない銀行の清算の条件(要件)
REFORMA FINANCIERA
Las claves de la ley para liquidar bancos inviables
La reforma financiera que el Gobierno debe aprobar antes de finales de agosto tiene como objetivo actuar ante la banca débil
El País Madrid 24 AGO 2012 - 00:05 CET
FINANCIAL REFORM
The keys of the law to liquidate unviable banks
The financial reform that the Government must approve before the end of August aims to act weak banking
The Country Madrid 24 AGO 2012 - 00:05 CET
The new financial reform that the Government must approve before the end of August, if you want to meet the requirement of Brussels, provides that the bank bailout fund (FROB) liquidate financial institutions deemed unfeasible and the possibility that the Bank of Spain urgently intervene even those that do not require public support, but have elements of risk.
"Early intervention. This will be possible in the entities, even if they meet the requirements of solvency or liquidity, and could go ahead without public aid, provide "objective evidence" under which "reasonably foreseeable" that it can not continue to meet the demands of management and Discipline. The Bank of Spain will require action plans, debt restructuring, may recapitalize (with aid to return in two years) and may cease to managers, among other measures.
"Restructuring. In this phase is taking the reins FROB, to the Bank of Spain. When an entity presents weaknesses that can not overcome on their own, there will be another restructuring. An entity shall present a plan within three months the Bank of Spain, although it will require a favorable report from the FROB. May also take any of the measures referred to in early intervention plan. Financial support may be arranged with the granting of guarantees, the realization of credits or loans, acquisition of assets or liabilities or other instruments such as capital contributions and other convertibles. The conversion or divestment of securities convertible into shares shall be made within five years, extendable to two more. Entities may also recapitalize by injecting public debt of European rescue fund or FROB.
"Orderly resolution. They proceed to the orderly resolution of the entity when it "is not feasible or is reasonably likely to be so in the near future" as well when considering the viability plan is inadequate or "breach by the entity within execution or the measures laid down in the plan, "among other things. The managers of the entity will be relieved and, within two months of their appointment as administrator, the FROB will prepare a resolution plan for the entity or opt to open insolvency proceedings (bankruptcy or insolvency old). There will be an assessment of the entity's assets will be transferred to a bridge bank to sell you and others presumably toxic loans, foreclosed or not cash them at risk of an entity-go asset management to maximize the sale price. It requires the approval of shareholders.
»More capital. Spanish banks will have to raise before the end of the year its solvency level of 8% to 9%, a percentage that until now only requires five major banks (Banco Santander, BBVA, Banco Popular, La Caixa and BFA- Bankia). Must meet the new requirements by January 1, 2013, on pain of having to submit to the Bank of Spain a strategy and timetable to reach 9% by 30 June 2013.
"Losses to shareholders and creditors. The draft fulfills the mandate of trying to endorse costs broken institutions to private investors and ultimately taxpayers. "The shareholders, equity holders or members, as applicable, of the entities will be the first to bear losses," says the text. And "subordinated creditors bear the entities if any, losses from restructuring or resolution after shareholders". The European Commission estimates that "exact figures" about possible losses that will have to take the holders of preference shares will not be known "until late September or October," according to European sources.
"Losses for administrators. The draft brings the spirit of the Bankruptcy Act (which regulates the bankruptcy proceedings) and states that "under the provisions of commercial law and criminal bear corresponding losses based on their responsibility in the situation of entities "as they pray in the draft royal decree. If the acts or omissions of a manager seeking cause insolvency of the institution, shall be deemed guilty and answer a quiz with their heritage.
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