Separate from the FDIC’s long-standing authority for resolving failed insured depository institutions, the Dodd-Frank Wall Street Reform and Consumer Protection Act, as amended by the Economic Growth, Regulatory Relief, and Consumer Protection Act, provides a framework for the orderly resolution of large, complex, systemically important financial companies. The FDIC has an important role in developing and implementing that framework.
Under Title I of the Dodd-Frank Act, the largest and most complex bank holding companies and designated non-bank financial companies are required to submit resolution plans, also referred to as “living wills,” which are reviewed by the FDIC and the Federal Reserve. The agencies assess whether the living will demonstrates that the firm could be resolved under bankruptcy in a manner that substantially mitigates the risk of serious adverse effects on U.S. financial stability. Resolution under the Bankruptcy Code is the statutory first option for these financial companies.
As a backstop, when an orderly resolution under the Bankruptcy Code might not be possible, Title II of the Dodd-Frank Act provides the Orderly Liquidation Authority. This authority allows the FDIC to manage the orderly resolution of a financial company. See Overview of Resolution Under Title II of the Dodd-Frank Act.