[20170825]IF10716_有序清算机构.pdf

https:/crsreports.congress.gov August 25, 2017Orderly Liquidation AuthorityThis In Focus provides background information and discusses some of the issues related to the Orderly Liquidation Authority (OLA), an authority Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act; P.L. 111-203) granted to the Federal Deposit Insurance Corporation (FDIC) to resolve large, failing financial institutions under certain circumstances. The Financial CHOICE Act of 2017 (H.R. 10) that passed the House in June 2017 would repeal OLA. Background Companies in a market economy are generally restrained in their risk-taking by market disciplinepotential losses incent firms to carefully manage risk. If risks are not appropriately managed and a firm fails as a result, the judicial bankruptcy process under the Bankruptcy Code can impose losses on stakeholders. However, this process arguably may not always be amenable to smoothly resolving certain financial firms. Liquidating a firm vitally important to financial market segments could disrupt the availability of credit, and the potentially deliberate pace of the bankruptcy process may not be equipped to avoid the runs