HM Treasury Accepts Initial Report on Investment Bank SAR

On 23 April 2013, HM Treasury published the initial report prepared by Peter Bloxham on the special administration regime for investment banks (SAR).  The independent review makes a number of immediate recommendations, which include:

  • The SAR should continue to have effect; 
  • The introduction of a mechanism to facilitate the rapid transfer of customer relationships and positions, where feasible; 
  • The bar date mechanism should be broadened to include client monies; 
  • The statutory objective in relation to client assets should be modified to include a reference to the “transfer” of assets to another institution in addition to the option of the “return” of client assets; 
  • SAR administrators should be permitted to make distributions of client assets during the period after the bar date process has commenced; 
  • Limited specific immunities to be introduced for SAR administrators; 
  • Good practice recommendations for firms, the FSA, and other institutions;
  • A number of recommendations relating specifically to the work of the Financial Services Compensation Scheme (FSCS).

The report also sets out further areas to be reviewed as part of a second phase of work which will be co-ordinated with the FSA’s review of its Client Assets Rulebook.  A final report is expected by the end of July 2013.  

HM Treasury made a further announcement in a written statement to the House of Commons on 23 April 2013, accepting the main recommendations of the report.  The Treasury agrees that SAR should be retained and accepts that amendments to that regime will be necessary in order to fulfil its objectives.

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