Public Information Notice: IMF Board Discusses Possible Features of A Sovereign Debt Restructuring Mechanism
IMF News, April 3, 2003
Source details
- Canonical URL
- Public Information Notice: IMF Board Discusses Possible Features of A Sovereign Debt Restructuring Mechanism
Other formats
Bibliographic details
- Published: April 3, 2003
Background
- IMF Executive Board continued discussions on possible features of a Sovereign Debt Restructuring Mechanism (SDRM) on March 14, 2003.
- Context and rationale:
- Emerging markets have benefited from wider sources of financing, but the diverse creditor community of bond holders can be problematic when debt becomes unsustainable and must be restructured.
- The International Monetary and Financial Committee (IMFC) in September 2002 endorsed the Fund's work on crisis prevention and requested a concrete SDRM proposal for its meeting scheduled for April 12, 2003.
- The March 14, 2003 discussion was based on the staff paper "Proposed Features of a Sovereign Debt Restructuring Mechanism", a first draft reflecting convergence of views and informed by extensive consultations including a January 2003 workshop and conference.
Executive Board Assessment — main findings and views
- General assessment:
- Directors welcomed continued discussion and the first draft of "Proposed Features" in line with the IMFC request.
- Most Directors support establishment of an SDRM, but not all are convinced of its need or desirability; supporters differ on several design issues.
- Emphasis on striking a balance between limiting interference with contractual relations and creating incentives that preserve asset value and a credit culture.
- Complementary tools and initiatives:
- Progress noted on complementary tools, notably Mexico's decision to include collective action clauses (CACs) in new international bond issues; Directors hoped this would encourage broader CAC use.
- Support for a voluntary Code of Conduct to establish expectations between debtors and creditors; seen as complementary to, but not a substitute for, CACs and/or an SDRM.
- Eligibility and scope:
- Among supporters, broad agreement that the Proposed Features represent a balanced response and broadly agree with proposed definition of claims eligible for restructuring.
- Agreement that amendment text should list international organizations whose claims would be excluded, with provision that the list could be modified by a decision of the Board of Governors by 85 percent of the total voting power.
- Inclusion of judgment claims and privileged claims created through legal enforcement proceedings after SDRM activation was agreed.
- Activation and costs:
- Most Directors reiterated that a sovereign debtor should be able to activate the SDRM unilaterally, without third-party confirmation.
- Many Directors opposed requiring the debtor to bear SDRM operation costs when the Fund determines activation was unjustified, noting low likelihood of unjustified activation due to default costs.
- A number of Directors saw merit in a rule allowing the Fund to recoup administrative costs from the debtor as a disincentive for inappropriate activation.
- Many Directors recognized that, consistent with international best practice, the debtor should bear reasonable costs of representative creditor committees; some Directors preferred costs be shared equally between debtor and creditors.
- Containing enforcement risks:
- Recognition that a sovereign may need to continue to service certain claims to limit economic dislocation or because it intends to restructure those claims.
- Many Directors indicated support for an approach combining alternative measures to prevent disruptive enforcement, including:
- (i) a "hotchpot" rule to offset advantage of a litigating creditor collecting on a court judgment prior to conclusion of restructuring;
- (ii) upon request of the sovereign debtor, a general stay on enforcement approved by creditors holding 75 percent of verified claims, applying to all enforcement actions by creditors whose claims are on the SDRM Restructuring List;
- (iii) upon request of the sovereign debtor, a targeted stay on enforcement approved by a representative creditors' committee (or when verification is completed, approved by creditors holding a 75 percent majority of verified claims), effected by an order of the Dispute Resolution Forum (DRF) to suspend a particular legal action that the DRF assesses could undermine the SDRM restructuring.
- A number of Directors maintained that a broad-based cessation of payments combined with a temporary, automatic stay on enforcement should be a feature; they argued a general standstill and automatic stay would be most effective against pre-agreement litigation and could improve transparency, predictability, and inter-creditor equity. They asked that merits of an automatic stay continue to be explored, possibly coupled with a provision easing creditor termination of the mechanism.
- Dispute Resolution Forum (DRF) and governance:
- Most Directors agreed the DRF would be an essential—but strictly circumscribed—feature; it should have authority to promulgate rules on claims administration and dispute resolution procedures, with such rules becoming effective unless overruled by a decision of the Board of Governors by 85 percent of the total voting power.
- Some Directors emphasized national diversity as a selection criterion for DRF members; a few Directors questioned the necessity of the DRF or whether amending the Fund's Articles of Agreement is the appropriate vehicle for establishing the SDRM.
- Voting thresholds and creditor control:
- Most Directors supported establishing a 40 percent voting threshold for a creditor vote on termination of an activated SDRM.
- Some Directors called for greater clarity on criteria for determining that a creditor is under the control of the debtor for purposes of excluding that creditor's vote.
- Coordination with official bilateral creditors:
- Directors looked forward to staff discussions with the Paris Club Secretariat to determine how best to handle official bilateral creditor claims in the SDRM context.
Key proposed SDRM features discussed
- Unilateral debtor activation of the SDRM.
- Definition and inclusion of claims eligible for restructuring, including:
- judgment claims;
- privileged claims where privilege arises through legal enforcement after activation.
- Governance provisions:
- amendment text to list excluded international organizations, modifiable by Board of Governors decision by 85 percent of total voting power.
- DRF authority to set claims administration and dispute resolution rules, subject to 85 percent Board of Governors override.
- Enforcement-management measures:
- hotchpot rule;
- creditor-approved general stay (75 percent of verified claims);
- targeted stay via DRF order or creditor-majority approval (75 percent where verification complete).
- Cost allocation options:
- debtor bears reasonable costs of representative creditor committees (majority view);
- alternative view: costs shared equally between debtor and creditors.
- Voting thresholds:
- 40 percent threshold proposed for creditor vote on termination of an activated SDRM.
Outstanding issues and divergent views
- Fundamental question of need and desirability: not all Directors are convinced a statutory SDRM is necessary.
- Degree of permissible interference with contractual relations versus incentive structures to preserve credit culture.
- Whether the SDRM should assume or require a general cessation of payments and an automatic stay on enforcement.
- Appropriate cost-allocation rules when activation is found unjustified.
- Necessity and design of the DRF and whether amendment of the Fund's Articles is the right approach.
- Clear criteria for identifying creditors under debtor control for vote exclusion.
Next steps and procedural context
- The report to the IMFC on the SDRM work and other aspects of crisis resolution will allow the Committee to give guidance on the best way forward.
- The March 14, 2003 Board discussion built on prior informal Board discussions and a December 2002 detailed review; a summary of the December discussion is contained in Public Information Notice 03/06.
Public Information Notice: IMF Board Discusses Possible Features of A Sovereign Debt Restructuring Mechanism — April 3, 2003.
References
- Public Information Notices
- Proposals for a Sovereign Debt Restructuring Mechanism (SDRM)
- Proposed Features of a Sovereign Debt Restructuring Mechanism
- Article IV
- "The Design of the Sovereign Debt Restructuring Mechanism - Further Considerations,"
- Public Information Notice 03/06
- https://www.imf.org/en/home