Why Bank Bail-Ins Are the New Bailouts (2024)

The world experienced economic turmoil during the 2007-2008 financial crisis. Low-interest rates boosted borrowing, a boon to existing and prospective homeowners, but created a bubble that would impact consumers and the world's banks.

The Great Recession that followed ushered in the term too big to fail, the rationale for rescuing some of the largest financial institutions with taxpayer-funded bailouts. In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Act, which eliminated the option of bank bailouts but opened the door for bank bail-ins.

Key Takeaways

  • Big banks were deemed too big to fail following the financial crisis of 2007-2008, resulting in government bailouts at the expense of taxpayers.
  • Financial reforms under the Dodd-Frank Act eliminated bailouts and opened the door for bail-ins.
  • Bail-ins allow banks to convert debt into equity to increase their capital requirements.

Bank Bail-In vs. Bank Bailout

Bail-ins and bailouts are designed to prevent the complete collapse of a failing bank. The difference between the two lies primarily in who bears the financial burden of rescuing the bank.

In a bailout, the government injects capital into banks, enabling them to continue their operations. During the financial crisis of 2007-2008, the government injected $700 billion into companies like Bank of America (BAC), Citigroup (C), and American International Group (AIG) using taxpayer dollars.

Bail-ins provide immediate relief when banks use money from their unsecured creditors, including depositors and bondholders, to restructure their capital. Banks can convert their debt into equity to increase their capital requirements. Banks can only use deposits over the $250,000 protection provided by the Federal Deposit Insurance Corporation (FDIC).

Bank Term Funding Program

Following the collapse of Silicon Valley Bank in March 2023, the Federal Reserve Board authorized all twelve Reserve Banks to establish the BTFP to make available additional funding to eligible depository institutions to help assure banks can meet the needs of all their depositors. The program will be a source of liquidity against high-quality securities, eliminating an institution’s need to sell those securities in times of stress.

Bail-Ins and Dodd-Frank

Giving banks the power to use debt as equity takes the pressure and onus off taxpayers. As such, banks are responsible to their shareholders, debtholders, and depositors. The provision for bank bail-ins in the Dodd-Frank Act was largely mirrored after the cross-border framework and requirements outlined in Basel III International Reforms 2 for the banking system of the European Union.

Dodd-Frank creates statutory bail-ins, giving the Federal Reserve, the FDIC, and the Securities and Exchange Commission (SEC) the authority to place bank holding companies and large non-bank holding companies in receivership under federal control. Since the principal objective of the provision is to protect American taxpayers, banks that are too big to fail will no longer be bailed out by taxpayer dollars. Instead, they will be bailed in.

According to the Treasury Department, the federal government recovered $275.2 billion through "repayments and other income" from banks that benefited from the Troubled Asset Relief Program (TARP), $30.1 billion more than the original investment.

European Bail-In Policy

The use of bail-ins was evident in Cyprus, a country saddled with high debt and the potential for bank failures. The country's banking industry grew after Cyprus joined the European Union (EU) and the Eurozone. This growth, coupled with risky investments in the Greek market and risky loans from two large domestic lenders, led to government intervention in 2013.

A bailout wasn't possible, as the federal government didn't have access to global financial markets or loans. Instead, it instituted the bail-in policy, forcing depositors with more than 100,000 euros to write off a portion of their holdings, a levy of 47.5%.

In 2013, the EU introduced resolutions to make the bail-in a common principle by 2016 in response to the effects of the European Sovereign Debt Crisis. It transferred the responsibility of a failing banking system from taxpayers to unsecured creditors and bondholders, the same way Dodd-Frank did in the United States.

Investor Assets

In a bail-in, banks use the money from depositors and unsecured creditors to help them avoid failure. This also includes depositors whose account balances are more than the FDIC-insured limit. Banks have the authority to take control of any capital that fits the criteria per the law. Investors with accounts that exceed the $250,000 insured limit may be affected and should:

  • Monitor the performance of the financial markets and financial sector
  • Ensure that chosen financial institutions are financially secure and stable
  • Spread the risk by diversifying money and assets
  • Keep balances at or below the $250,000 limit
  • Avoid banking with any institution that has large derivative and mortgage books, which can be risky in times of crisis

What Are the Risks of a Bank Bail-In on Consumers?

Bail-ins allow banks to avoid bankruptcy by shifting some risks to their creditors rather than to taxpayers. This risk can be transferred to bank customers, too.

How Are FDIC Deposits Affected In a Bail-In?

Banks can only use money from accounts over the $250,000 limit protected by the FDIC. Depositors should monitor changes to federal government guidelines relating to banks and financial matters.

Are Bank Bail-Ins Legal In the United States?

Bank bail-ins are legal under the Dodd-Frank Wall Street Reform and Consumer Act. Banks have the authority to use debt capital as equity to avoid failure. This includes capital from unsecured creditors, common and preferred shareholders, bondholders, and depositors whose account balances exceed the FDIC-insured limit of $250,000.

The Bottom Line

Big banks are not immune to the effects of financial instability. After the 2007-2008 financial crisis and the passage of Dodd-Frank, the federal government shifted the risks to creditors by allowing financial institutions to use debt capital to stay afloat. This means that debtholders, unsecured creditors, shareholders, and depositors may shoulder problems within the financial sector when banks use bail-in measures.

Why Bank Bail-Ins Are the New Bailouts (2024)

FAQs

Why Bank Bail-Ins Are the New Bailouts? ›

Financial reforms under the Dodd-Frank Act

Dodd-Frank Act
The Dodd-Frank Wall Street Reform and Consumer Protection Act is legislation that was passed by the U.S. Congress in response to financial industry behavior that led to the financial crisis of 2007–2008. It sought to make the U.S. financial system safer for consumers and taxpayers. Named for sponsors Sen.
https://www.investopedia.com › terms › dodd-frank-financial-...
eliminated bailouts and opened the door for bail-ins. Bail-ins allow banks to convert debt into equity to increase their capital requirements.

Why did the government decide to bail out the banks? ›

A bank bailout is when a government steps in to rescue a struggling bank by providing it with financial support. The goal is to prevent the bank from collapsing, which can have negative consequences for consumers such as unemployment spikes and reduced access to credit.

Can banks seize your money if the economy fails? ›

It indicates an expandable section or menu, or sometimes previous / next navigation options. Your money is safe in a bank, even during an economic decline like a recession. Up to $250,000 per depositor, per account ownership category, is protected by the FDIC or NCUA at a federally insured financial institution.

What is the difference between a bank bailout and a bank bail out? ›

Bail-ins and bailouts are both resolution schemes used in distressed situations. Bailouts help to keep creditors from losses while bail-ins mandate that creditors take losses. Bail-ins have been considered across the globe to help mitigate the burden on taxpayers as a result of bank bailouts.

Can the government take money from your bank account in a crisis? ›

The government can seize money from your checking account only in specific circ*mstances and with due process. The most common reason for the government to seize funds from your account is to collect unpaid taxes, such as federal taxes, state taxes, or child support payments.

Who pays for bank bailouts? ›

“No losses will be borne by the taxpayers,” he said. “Instead, the money will come from the fees that banks pay into the Deposit Insurance Fund. Investors in the banks will not be protected, Biden said. “They knowingly took a risk and when the risk didn't pay off, investors lose their money.

Are government bailouts a good idea? ›

The benefits of a bailout are that it can prevent the collapse of a company or organization and its industry, preserve jobs, and maintain economic stability. This is especially true if a company's collapse will have ripple effects that can bring about even more corporate failures.

Should I take my cash out of the bank? ›

It doesn't make sense to take all your money out of a bank, said Jay Hatfield, CEO at Infrastructure Capital Advisors and portfolio manager of the InfraCap Equity Income ETF. But make sure your bank is insured by the FDIC, which most large banks are.

Should I take my money out of the bank in 2024? ›

First and foremost, it is essential to choose a bank that is insured by the Federal Deposit Insurance Corporation (FDIC). The FDIC insures deposits up to $250,000 per depositor, per insured bank. This means that if your bank fails, you can still get your money back up to the insured amount.

Can you lose all your money if a bank fails? ›

If your bank fails, up to $250,000 of deposited money (per person, per account ownership type) is protected by the FDIC. When banks fail, the most common outcome is that another bank takes over the assets and your accounts are simply transferred over. If not, the FDIC will pay you out.

Can banks take your money to bail themselves out? ›

Investor Assets

In a bail-in, banks use the money from depositors and unsecured creditors to help them avoid failure. This also includes depositors whose account balances are more than the FDIC-insured limit. 1 Banks have the authority to take control of any capital that fits the criteria per the law.

Which president bailed out the banks? ›

President Bush signed the bill into law within hours of its enactment, creating a $700 billion dollar Treasury fund to purchase failing bank assets. The revised plan left the $700 billion bailout intact and appended a stalled tax bill.

Can banks take your money without permission? ›

No, banks cannot legally take money from your account without permission. However, they can withdraw funds for specific reasons, like overdraft fees, unpaid loans or debts (under the right of offset), suspected fraudulent activity, or legal judgments.

Can banks refuse to give you your money? ›

Yes, they can refuse to give you your money if they think something fraudulent is going on. If they think there is money laundering going on, they can put a hold on your account and refused to give you your money until you have proven different.

What bank account can the IRS not touch? ›

Any bank accounts that are under the taxpayer's name can be levied by the IRS. This includes institutional accounts, corporate and business accounts, and individual accounts. Accounts that are not under the taxpayer's name cannot be used by the IRS in a levy. Levies can impact property and assets other than accounts.

Can the IRS empty your bank account? ›

An IRS levy permits the legal seizure of your property to satisfy a tax debt. It can garnish wages, take money in your bank or other financial account, seize and sell your vehicle(s), real estate and other personal property.

Why did the government have to bail out the savings & loan during the 1980s? ›

Second, S&Ls primarily made long-term fixed-rate mortgages. When interest rates rose, these mortgages lost a considerable amount of value, which essentially wiped out the S&L industry's net worth. Policymakers responded by passing the Depository Institutions Deregulation and Monetary Control Act of 1980.

Who bailed out the banks during the Great Depression? ›

there had been quite a few bank runs and bank failures following the stock market crash, and Hoover had a plan for the “Reconstruction Finance Corporation” that could bail out private companies, including banks, and it passed Congress, and it distributed funds mostly to the politically-connected.

Why did the government have to bail out the savings & loan during the 1980s quizlet? ›

What were the causes of the savings and loans crisis of the 1980's? High interest rates, the deregulation of the banking industry, and bad loans.

What is a bail-in for banks? ›

What is a bail-in? A bail-in is a form of financial relief for banks that are in danger of collapsing or going bankrupt. The relief comes from canceling some or all of the bank's debt by reducing the value of bank shares, bonds, and uninsured deposits.

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