3. Safeguarding financial stability

All necessary policy actions will be taken to safeguard financial stability and strengthen the viability of the banking system. No unilateral fiscal or other policy actions will be taken by the authorities, which would undermine the liquidity, solvency or future viability of the banks.Allmeasures, legislative or otherwise, taken during the programme period that may have an impact on banks' operations (i.e., solvency, liquidity, asset quality etc.) should be taken in close consultation with the EC/ECB/IMF and where relevant the ESM.

The authorities will accelerate actions included in the comprehensive strategy for the financial system related to reinforcing the banking sector by (i) normalising liquidity and payment conditions and strengthening capital (ii) addressing NPLs and (iii) enhancing governance.

Restoring liquidity and capital in the banking system

The authorities are committed to preserving sufficient liquidity in the banking system in compliance with Eurosystem rules and to achieving a sustainable bank funding model for the medium term. In this context, banks are required to submit quarterly funding plans to the Bank of Greece (BoG) so as to ensure continuous monitoring and assessment of their liquidity needs.

The impact of the capital controls will be monitored with full information sharing with the EC, ECB, ESM and IMF. The authorities will manage, in timely consultation with the EC, ECB, ESM and IMF, the process for the easing of capital controls, taking liquidity conditions of the banking system into account while aiming to minimise the macroeconomic impact of the controls {no mention is being done one when the capital controls will be lifted}.

The BoG will require completion of the recapitalisation process for the less systemic banks on the basis of existing capital assessments and if private funds are not available, by [end-July 2016], the BoG will ensure restructuring of these institutions.

Resolution of Non-Performing Loans (NPLs)

As a prior action,

the authorities will:

  • adopt amendments to Law 4354/2015 (Law on the Management of Non-Performing Loans, pay-setting arrangements and other emergency provisions in application of the agreement on budgetary targets and structural reforms) in order to allow immediately the sale of performing and non-performing loans with the exception of household loans secured by primary residences belonging to vulnerable groups, for which the liberalization will enter into effect at end-December 2016 {that means that by the end of 2016 even the most vulnerable home owners will be liable to lose their houses};and among others remove restrictions related to the free movement of capital, align taxation with international best practice, remedy inconsistencies related to the securitisation law 3156/2003, and implement all other issues agreed with the Institutions.

  • adjust related secondary legislation to the amended Law 4354/2015 and set up the related consultative committee by the Government to fully operationalise the licensing framework of credit servicing firms.

By end April 2016,

a. the Authorities will establish the general principles and devise a roadmap for amending the out-of-court workout law 4307/2014 (OCW) and setting up a coordination mechanism for restructuring public and private debt of viable entities and liquidating non-viable entities;

b. theBoG in cooperation with the SSM will extend the comprehensive monitoring framework with additional key performance indicators (KPIs) in relation to banks' NPE (Non-Performing Exposure) resolution activities. By end June, the BoG, in cooperation with the SSM, will agree with the banks on concrete targets of key financial and operational indicators with the objectives to significantly reduce such exposures and as much as possible reach sustainable restructuring solutions for borrowers. The BoG, in cooperation with the SSM, will ensure that the NPE targets remain ambitious and banks' NPE strategies are adequately designed and executed to reach the targets.The banks will be required to report regularly on these KPIs and their progress in achieving targets for NPE workouts. From October 2016, the BoG will publish quarterly an aggregated summary report on the developments of selected KPIs and targets. The BoG will assign a team for, among others, regular assessment and analyses of banks' performance in achieving targets and its drivers, identification of impediments in case of missing the targets and resons of underperformancewith a view of providing recommendations to the competent authorities and relevant governmental bodies.

By [end-April 2016, as a prior action], the authorities will amend the income tax law to ensure that debt write-offs as result of restructuring agreements are not considered as taxable income of the borrower.

By end May 2016, the HFSF will present an NPL resolution action plan to enhance coordination among banks and accelerate the restructuring of viable, distressed, large corporates, and if needed, jointly tackle entire economic sectors. The HFSF will work actively with the banks so that the recommendations of the report are adopted and used by the banks. The Authorities will utilise the findings of this workstreamin their work on amending the OCW law and establishing the coordination mechanism of private and public creditors.

By end-June 2016,

i. the authorities will

a. amend the out-of-court workout law (OCW) to allow standardized processing of certain categories of borrowers, extend the framework to large borrowers to allow the restructuring of their public and private debt with tailor-made solutions, and provide tax incentives for banks and borrowers to work out debts and develop a coordination mechanisms between private and public creditors to deal with debtors with especially large public and private debts (key deliverable);

b. introduce safe harbor provisions in the laws dealing with debt restructuring (such as the OCW, corporate, and personal insolvency laws) stating that actions taken in good faith by both private and public creditors, and following the procedures established in the law, will not give rise to civil or criminal liability;

c. present a report and detailed proposals of amendments in view to improve the corporate insolvency law, among others, by simplifying and accelerating the procedures, reduce the discharge period and specify the insolvency administrators' functions;

d. appoint new specially trained judges and support staff and set up dedicated chambers for the trial of household insolvency cases to reduce the backlog of pending applications under law 3869/2010.

e. adopt a legislation on the a Debt Information and Support Network located across the country, in order to provide adequate advice to physical persons and SMEs on the legal and financial aspects of debt restructurings. A detailed implementation plan will also be developed by June 2016.

ii. the HFSF will

a. make concrete proposals, in cooperation with the BoG, how to eliminate all remaining non-regulatory impediments to the development of a dynamic NPL market based on the study delivered in October 2015, which will be published by the HFSF. The Authorities will remove the remaining impediments by end-2016.

iii. the Bank of Greece will

a. revise the Code of Conduct for debt restructuring guidelines to deal with groups of borrowers (e.g.: SMEs).

By end-September 2016, the authorities will

a. establish by law publicly accessible information repositories in line with best international practice, including a new real-estate transaction register and a central database to consolidate information on arrears on public liabilities that is accessible to parties with legitimate interest including credit registers to develop credit scores.

b. establish specialized chambers for corporate insolvency matters in the districts of Athens, Thessaloniki and Piraeus.

By end-October 2016,

the authorities will adopt amendments to the corporate insolvency law(key deliverable) in line with the agreed proposals to be submitted by June and enact all necessary secondarylegislations (Presidential Decree, Ministerial Decisions and decisions of the relevant supervisory administrative body) to effectively operationalise the profession of insolvency administrator according to a timeframe agreed with the Institutions by April 2016.

By end-December 2016,

the authorities will assess the effectiveness of the legal and institutional framework for the Household insolvency (law 3869/2010).

Governance of the HFSF

The independence of the HFSF will be fully respected and its governance structure reinforced with a view to preventing any political interference in its management or activities.

In case the Selection Panel (Panel) proposes replacements to the Executive Board and/or General Council, the Minister of Finance will issue decisions in line with the HFSF law. The Panel will carry out a review of the remuneration levels of the governance bodies of the HFSF and propose changes if appropriate, in which case the Minister of Finance will issue the corresponding decision in line with the HFSF law. Should new members be selected by the Panel, they will receive adequate remuneration as proposed by the Panel.

Governance of banks

The Government will not intervene in the management, decision-making and commercial operations of banks, which will continue to operate strictly in accordance with market principles. Any potential replacement of board members and senior management of the banks will be carried out without any interference by the Government. These appointments will be made in line with best international practices, taking into account the specific rules of the HFSF law as regards the rights of private shareholders who participated in the banks’ capital increases under the existing framework.

By end-May 2016 (key deliverable), the HFSF with the help of an independent international consultant will finalise the review of the boards of the banks in which the RFAs apply. This review will be in line with prudent international practices by applying criteria that go beyond supervisory fit and proper requirements. By end-July 2016, bank board members should be replaced in a manner that reflects the findings of the above review and respect the HFSF law. The HFSF will make sure that the recruitment of any new board members and any senior executives will be fair and transparent, and that these new members and senior executives are not representatives of past shareholders or linked to borrowers of the bank with an exposure of [EUR 1million] or any exposures in arrears. The HFSF will ensure that the new members shortlisted and nominated by the Nomination Committees of the banks respect the criteria specified in the HFSF law and further established by the review. By the same date, organisational and governance changes recommended by the review will also be implemented in the banks.

By end-September 2016, the BoG will assess if banks boards’ and management have been aligned with the recommendations of the review and, if needed, the Authorities will take further action, including amendments to the regulatory bank governance framework.

The HFSF will ensure through the amended Relationship Framework Agreements (RFAs) that the external auditors' contracts with the banks can be for a maximum duration of five consecutive years, and the first rotation of the current auditors will take place in all banks as soon as possible operationally but not later than for the financial year of 2018.