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UK regulator gains US nod for new bank bail‑in tool

Financial Times Companies •
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The Bank of England has secured a US regulatory green light for a bail‑in tool that lets it exchange creditors’ bail‑in securities for contingent interests in a rescued bank. The change stems from the 2023 Credit Suisse failure, where doubts over swapping US‑issued securities hampered Swiss authorities. Under the new regime, holders receive potential rights to future equity rather than an outright wipe‑out.

The US Securities and Exchange Commission issued a no‑action letter, saying it would not pursue enforcement if UK banks swap US bail‑in securities for the new contingent interests. SEC chair Paul Atkins plans a rule exempting such swaps from registration requirements, giving clarity to investors who hold US‑dollar bail‑in notes in European banks. The guidance aims to smooth cross‑border resolution in a weekend‑type crisis.

By adding a “contingent beneficial interest” option, the BoE expands its resolution toolkit and strengthens the MREL framework that forces large banks to hold loss‑absorbing debt. The mechanism reduces the risk that a failure forces taxpayers to fund a rescue, as seen when the regulator transferred Silicon Valley Bank’s UK arm to HSBC for £1. The new tool gives authorities leverage in bank distress scenarios.