En este segundo sentido están diseñándose los llamados fondos de resolución o fondos de actuación inmediata que deben de servir para hacer frente a las crisis que provoquen tanto los bancos como las entidades de inversión. Los principios de organización y funcionamiento de estos fondos aparecen enunciados en un interesante documento que señala que será el próximo Consejo de Ministros donde se tendrá que avanzar con respecto a sus propuestas.
La Comisión señala en las primeras páginas de ese documento:
“This Communication sets out the Commission's thinking on how the financial sector could contribute to the cost of financing the resolution of failing banks. It also explains where bank resolution funds fit within the overall set of tools which should be made available in the area of crisis prevention and management of banks. This Communication also sets out the Commission's broad ideas on a number of important issues, such as the purpose of funds, their potential size, as well conditions under which they might be used.
However, it does not deal with any levies or taxes whose purpose is to recoup the public funds committed during the current crisis to stabilise the banking system or to tackle excessive risk-taking or speculation. The examination of such measures should continue in parallel as a useful complement to the preventive funds that are considered in this Communication.
The setting up of resolution funds raises a number of challenges-in particular with respect to moral hazard concerns, which have been fuelled by actions taken during the crisis. The Commission recognises that this is a major concern which needs to be addressed by making it clear and unambiguous that shareholders (up to the value of their investment) and creditors (excluding depositors which are guaranteed by deposit guarantee schemes) must be the first to face the consequences of a bank failure and that resolution funds must not be used as an insurance against failure or to bail out failing banks, but rather to facilitate an orderly failure. In short, bank resolution funds should, as the IMF suggests, be tied strongly to the future resolution regime.
The establishment of bank resolution funds will form a part of the new crisis management framework. It is acknowledged that this will entail costs for banks at a time when they are in the process of implementing additional measures in response to the crisis. The Commission recognises that it is essential to develop a clear understanding and careful assessment of the cumulative impacts of the broad set of reforms dealing with levies, deposit guarantee schemes and bank capital, and adjust the individual elements of the reform package accordingly. It is necessary to ensure that the costs are calibrated in such a way as to avoid stifling the economic recovery and increasing the cost of credit to the real economy. It should also be avoided that increased costs are passed on to bank customers in the form of higher charges. The Commission will ensure that all these elements are properly taken into account in the accompanying impact assessment work”.
Madrid, 1 de junio de 2010