Date Published | 9/17/2012 |
Author | Marja Hoek-Smit |
Theme | |
Country | Canada, United States |
The US Congress is still finalizing the legal framework for
covered bonds in the US. One of the main reasons for the delay in the
legislative process is the issue of the encumbrance of bank assets pledged to
priority covered bond investors (the cover pool of first-priority, ring-fenced,
encumbered assets) which makes such assets unavailable to senior unsecured
creditors and depositors in the event of bank insolvency. The legal frameworks
for covered bonds and bank insolvency have to adequately address the costs and
risks of such asset encumbrances.