"Floating Proposals
The Federal Reserve sent a private memo to Capitol Hill on March 23 that it described as “technical assistance” as Congress decides how to create a mechanism for winding down a systemically important –- but failing -– financial company.
Fed officials wrote in the unsigned letter that the resolution authority must exist “outside of the bankruptcy code in order to allow the resolving agency to be responsive to the circumstances of the specific financial crisis that motivated use of the regime.” But it says the process “must still operate in a manner that respects the rule of law and that is perceived as such (emphasis not added). If the regime were administered in a way that appeared to be based on politically-motivated favoritism or hostility, it would risk being undermined.”
One major difference between the Fed’s proposal and a new one from Treasury is that the Fed says the Treasury should be able to seize a company and then put it into a conservatorship run by the Federal Deposit Insurance Corp., the Securities and Exchange Commission, a new federal insurance regulator, or the Commodity Futures Trading Commission. A Treasury proposal suggests that the only agency that would be allowed to take a large, financial company into receivership would be the FDIC."
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