Sovereign Debt Restructuring Draws Closer in Franco-German Plan
(Bloomberg) —
A joint proposal, released Tuesday, envisages the start of talks on strengthening collective action clauses, which have been mandatory for sovereign bonds issued by euro-area states since 2013. The new procedure would kick in when a member of the currency bloc seeks financial assistance from its crisis-fighting fund.
Rules currently in place allow repayment modifications if the terms are approved by two sets of majorities. Holders of all the affected bonds voting together must approve changes, as must holders of each bond seriesseparately. Replacing this cumbersome “two-limb” voting procedure with a single-limb clause requiring a single vote by holders of the affected bonds would make it harder for holdouts to resist debt restructuring attempts when the majority of investors concedes that it’s necessary.
The Franco-German proposal also calls for the European Stability Mechanism to “facilitate” dialogue between member states and private investors, when changes to repayment terms are sought. While this provision is similar to what the International Monetary Fund currently does for countries seeking financial assistance, the ESM will have a tighter grip on the process because its lending firepower in euro-area bailouts is a multiple of the IMF’s capacity.
The joint proposal softens the initial position of countries including Germany and the Netherlands, which called for automatic upfront debt restructuring for euro-area states seeking ESM loans. The plan, if adopted, would risk causing panic and a run on the bonds among investors at the first sign of trouble.
By facilitating the process while stopping short of making it automatic, the compromise could address the concerns of Northern European voters, while not scaring off investors when troubled countries contemplate seeking a bailout.
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