The immediate crisis caused by the collapse of Silicon Valley Bank (‘SVB’) in the US has been averted with US regulators stepping in to help customers there, 汇丰银行收购瑞典银行英国子公司(“瑞典银行英国”).
但是银门资本的倒闭, SVB and Signature Bank in quick succession has somewhat sharpened focus on the potential risks in the finance industry (notwithstanding the increase in regulation, 特别是近年来).
在这里，我们来看看如果他们的银行陷入困境，企业的潜在地位.
如果我的银行陷入困境，我该怎么办?
存款
The Financial Services Compensation Scheme (‘FSCS’) protects some business deposits if the bank / building society holding them is regulated by the Prudential Regulation Authority (‘PRA’). 广泛的, £85,我保证会退还给你, 每个业务, 每家银行(或170英镑),如为联名帐户，则为000元). 你不需要选择澳门十大正规赌博娱乐平台，这项保障是自动的，但不包括由e.g. 金融机构或投资公司*.
在一家银行开多个账户是得不到额外保护的. Additional protection can only be gained by holding deposits across different (PRA regulated) banks. Some financing arrangements restrict borrowers using bank accounts other than those held with the finance provider / security agent, 所以这并不总是可能的. 同样，开设银行账户往往需要一些时间，所以它不是一个立竿见影的解决方案.
取款
除非找到买主，否则这些交易将不可避免地停止.
At the end of last week there was a panic with customers seeking to withdraw deposits from SVB UK – many needing monies to be immediately deployed to fund transactions or working capital needs – but not all entities had second bank accounts to transfer monies to. This is where lawyers and accountants may be able to assist in terms of where (and on what basis) monies can be transferred – which will very much depend on each set of circumstances. Note that lawyers are prevented under the SRA regulations from acting as banks and therefore won’t be able to hold monies for clients, 除非有关他们已就其提供意见的基础交易有需要.
如果一家银行被另一家银行收购, FSCS不会介入，这些账户应该会继续正常运作, 尽管在达成协议期间可能会有中断. In the case of SVB UK, the weekend bought precious time to strike a deal - along with a nervous wait.
项贷款
已垫付的定期贷款将继续由借款人偿还, 还有利息和费用. 在被另一家银行收购的情况下, one way or another they would step into the shoes of your current lender and the terms of the original financing should continue to apply (unless the lender has a unilateral right to amend the terms – which is the case in some bilateral loan documentation).
除非与另一家银行达成协议，否则不太可能获得未兑现的定期贷款. 如果承诺, it may be worth cancelling any undrawn commitment to ensure fees aren’t charged (some documentation will do this automatically).
循环信用
循环信用 facilities are more complicated because they are (notionally) repayable at the end of each interest period – in reality they can then typically “roll” into the next interest period (subject to no default / acceleration of the loan). Borrowers will ideally continue to rollover any revolving facilities (subject to their loan terms) as cash repaid is unlikely to be available for redrawing.
任何清洁羽绒要求都需要进行审查, and compliance with those carefully considered versus potential implications of the cash not being available for redrawing.
如果贷款人是辛迪加的一部分, 贷款文件很可能是为其中一个辛迪加减值/资不抵债而准备的. Available options will depend on what was negotiated at the outset but may include conversion of any revolving facility participation into a term loan, an ability to replace that lender (although this will also take time) as well as restrictions on that lender’s involvement in decision making. 我们很乐意为您提供当前或未来的融资条件方面的建议.
现金流
Clearly the impact of the above can have an immediate catastrophic impact on cashflow – as was widely reported in the press over the weekend. It is crucial in this situation that directors continue to act in accordance with their duties in the decisions that they make – our specialist teams are lined up advise on this.
什么是银行破产程序?
因为他们的业务性质, 以及他们的影响力, 在破产情况下，银行受到的待遇与其他公司不同. Part 2 of the Banking Act 2009 (‘BA09’) – introduced off the back of the 2008 financial crisis - establishes a special resolution regime specifically for UK banks in financial difficulties. This regime includes pre-insolvency stabilisation options which allow for the relevant authorities to step in and rescue a failing UK bank (by transferring all or part of its business to a bridge bank or a private sector purchaser), 银行管理程序和银行破产程序.
The primary reason for a distinct insolvency process for banks is to ensure that depositors who are eligible for payment under the FSCS receive their payment promptly or are transferred to another bank so that there is minimal impact on business. 周末的活动展示了BA09的行动.
展望未来
The downfall of SVB is the result of a specific set of circumstances and a collapse of confidence in a tight knit market in the US; unfortunately the UK branch was affected by that too. 与此同时，我们也面临着利率上升和通货膨胀的问题, 也有希望的迹象. 我们现在面临的任何衰退，预计都不会像最初预期的那么严重, employment levels have held up and today’s budget – confirming a cut to inflation forecasts amongst other things - should give the market confidence.
我们的政府热切希望确保英国仍然是一个有吸引力和安全的经商之地, 尤其是对科技公司来说. Investment in tech hubs has been confirmed in today’s budget and our legislation supports this too - regulators have an extremely robust set of protections (such as capital adequacy requirements) and rights (such as those that came in to play when SVB UK got in to trouble) to swiftly deal with any future problems that do arise.
目前，一切如常.
* PRA规则手册详细说明了包括和不包括哪些存款.
