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Version date: 25 April 2024 - onwards
Version 2 of 2

II-Annex 3: Client Asset Protection in Resolution

This Annex provides guidance on the interpretation and implementation of the Key Attributes of Effective Resolution Regimes for Financial Institutions (the 'Key Attributes', KAs) relating to elements in resolution regimes that are necessary to resolve a financial firm with holdings of client assets (hereafter "firm"). The Key Attributes state that the legal framework governing the segregation of client assets should be clear, transparent and enforceable during a crisis or resolution of firms and should not hamper the effective implementation of resolution measures (KA 4.1). Effective resolution regimes should allow for the rapid return of segregated client assets or the transfer to a performing third party or bridge institution of the client asset holdings.

This Annex supplements, and should be read in conjunction with, the Key Attributes in relation to any financial firm that directly or indirectly holds client assets and that could be systemically critical or important in the event of failure. [Where components of this Annex have been deemed important for purposes of assessing compliance with the Key Attributes, those components are explicitly reflected in the Key Attributes Assessment Methodology.]