论金融机构的_生前遗嘱_制度_李仁真.pdf

Abstract: “Living will” is a new legal measure accepted by the International society after the subprime mortgage crisis to deal with the “too big to fail” issue. It’s an arrangement which, for the purpose of making fi nancial institutions recover from a range of distresses, or if necessary winding down parts of fi nancial functions or the entire institution, enable fi nancial institutions that are faced with bankruptcy to draw up a “living will”, and enable authorities to draw up a resolution plan based on the “living will”. To facilitate its effective implementation, it’s suggested to enhance internal surveillance and conduct spinoff and restructuring of fi nancial institutions; set up management information system and strengthen information sharing; and draw up resolution loss apportionment mechanism to achieve resilient resolution. Keywords: “living wills”, recovery and resolution plan, too big to fail