Part IV The UK Resolution Regime, 13 Powers of the UK Resolution Authority

Subject(s):

Bank resolution and insolvency — Credit risk — Debt — Equity

This chapter describes the widening jurisdiction of the UK Banking Act 2009 (BA) to include—not only banks—but also regulated non-banks and non-bank group entities. The UK BA, as initially drafted, applied only to banks—that is, to the legal entities which held a UK deposit-taking authorization. However, since in general banks conduct their activities through banking groups rather than as single entities, it rapidly became clear that for a group of any size it was necessary for the resolution authority to act in respect of group companies other than the authorized bank. Thus, as from 1 August 2014, the resolution powers and tools set out in the Act can be applied to any UK-incorporated member of a bank group. The chapter also provides a detailed consideration of when the various powers may be exercised, and what the formal triggers are for the commencement of resolution.