Draft Legislative Guide on Bank Liquidation – Consultation
The International Institute for the Unification of Private Law (UNIDROIT) is conducting a consultation regarding a Draft Legislative Guide on Bank Liquidation.
Consultation period
The consultation will run for 16 weeks from 5 June 2024 – 25 September 2024 11 October 2024 (midnight Rome time).
Objective of the consultation
The purpose of this consultation is to:
- Raise awareness about the instrument.
- Ensure that the instrument is well-suited to application in different contexts, including both civil and common law jurisdictions, as well as developing economies, emerging markets, and developed economies.
- Seek feedback on whether the instrument sufficiently addresses the private law issues that arise in bank liquidation proceedings.
Target audience
Views are welcome from all interested parties. For the more technical aspects, feedback is welcome in particular from persons and entities representing:
- National and supranational authorities (e.g., banking supervisors, resolution authorities, deposit insurers, securities regulators, and international organisations);
- Insolvency practitioners and law firms;
- Banks and banking associations;
- Academics and think-tanks.
About the Draft Legislative Guide
The Draft Legislative Guide has been prepared by the Working Group on Bank Insolvency over the course of six sessions between December 2021 and March 2024. For more information about the Working Group and its meetings, please see https://www.unidroit.org/work-in-progress/bank-insolvency/.
The aim of the Legislative Guide is to assist legislators and policymakers in the design of effective bank liquidation regimes. The Guide complements existing international standards and focuses on the orderly liquidation of (i) banks that are not placed under a resolution procedure compatible with the FSB Key Attributes, and (ii) parts of a bank following, or in the context of, a resolution action.
The Draft Legislative Guide consists of ten Chapters:
- Chapter 1: Introduction
- Chapter 2: Institutional Arrangements
- Chapter 3: Procedural and Operational Aspects
- Chapter 4: Preparation and Cooperation
- Chapter 5: Grounds for Opening Bank Liquidation Proceedings
- Chapter 6: Liquidation Tools
- Chapter 7: Funding
- Chapter 8: Creditor Hierarchy
- Chapter 9: Group Dimension
- Chapter 10: Cross-Border Aspects
Each Chapter contains a discussion of key issues and a set of Recommendations for legislators and policymakers. The Recommendations as such do not constitute provisions that could be directly enacted in national law. Rather, they provide guidance on core issues that it would be desirable to address in an effective bank liquidation framework.
Consultation document
The Draft Legislative Guide on Bank Liquidation can be found here.
How to submit your response
Respondents may provide feedback on any part of the draft Legislative Guide. Comments should be submitted to the UNIDROIT Secretariat at LGBLconsultation@unidroit.org.
All comments should be included in a Word document and should be provided in English or French. For each comment, please specify to which Chapter and paragraph number of the Draft Legislative Guide it pertains.
The comments received during this consultation process will be made public. The name of respondents will be made public unless expressly requested otherwise.
Next steps
The Working Group on Bank Insolvency will consider the feedback received at its seventh session between 18-20 November 2024. It is anticipated that the Legislative Guide on Bank Liquidation will be finalised and published in 2025.




Professor Iacopo Donati is the UNIDROIT/Bank of Italy Chair Holder and is mainly responsible for assisting in the Bank Insolvency project. He is Professor of Corporate and Insolvency Law at the University of Siena, and coordinates the research project ‘Pro.Re.Ba.’ (Proportionating rules on bank crisis prevention and management to the case of retail banks), which has received funding from the Italian Ministry of University. He has previously taught corporate law at the University of Venice ‘Ca’ Foscari’, at the University of Florence and at the University of Rome ‘Tor Vergata’.
rtered Institute of Arbitrators (London). He further holds a post-graduate diploma in law from the Kenya School of Law. Allan is also a scholar from the Hague Academy of International Law.


rofessor Ignacio Tirado was appointed Secretary-General by the Governing Council at its 97th session, and officially took office on 27 August 2018. A national of Spain, Professor Tirado (Commercial, Corporate and Insolvency Law, Universidad Autónoma of Madrid, Spain) holds a PhD from the Universities of Bologna and Autónoma de Madrid and an LLM from the University of London. Professor Tirado has been a Senior Legal Consultant at the World Bank’s Legal Vice-Presidency and Financial Sector Practice for more than nine years, having also consulted for the IMF on insolvency related matters as well as for the Asian Development Bank on commercial legal reform.
A Swedish national, Ms Lena Peters grew up in Italy where she attended an English school. In 1978 she took her Juris Kandidatexamen at Stockholm University followed by a Master of Laws from King’s College, London (1979). Since 1985 she has been with UNIDROIT, first as Research Officer, lastly as Principal Legal Officer, her main duties being Secretary to the Working Group for the Preparation of Principles of International Commercial Contracts, Secretary to the Study Group on Franchising, Secretary to the Committee of Governmental Experts on Franchising.She also collaborated on the project for the preparation of the ELI-Unidroit Model European Rules of Civil Procedure. She is currently Managing Editor of the Uniform Law Review and responsible for publications at UNIDROIT.
Marina Schneider is Principal Legal Officer and Treaty Depositary at UNIDROIT. She studied law at the University of Strasbourg (France) and Paris I – Panthéon Sorbonne. She joined the UNIDROIT in 1987 and was involved in the elaboration and French versions of most UNIDROIT instruments since. She is in charge of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and of the UNESCO-UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects. She is the author of the Explanatory Report of the 1995 Convention and many articles on the Convention and other international instruments in the field. Ms Schneider is also responsible for the project on private collections and for the UNIDROIT Convention Academic Project (UCAP). She is member of the Board of the International Society for Research on Art and Cultural Heritage Law (ISCHAL).
Professor of Commercial Law, Carlos III University of Madrid. Currently, Sir Roy Goode Scholar at UNIDROIT, Rome, 2021-2022. Chair of Excellence 2017-2018 at University of Oxford (Uc3m- Santander Program), affiliated to Harris Manchester College. Previously Distinguished Visiting Professor and fellow of a number of Academic Institutions. Arbitrator of Madrid Court of Arbitration. Member of ELI (European Law Institute) Council and Executive Committee. Member of the Expert Group of the European Commission on Liability and New Technologies and member of the Expert Group of the European Observatory of Platform Economy; the International Academy of Commercial and Consumer Law; the expert group of the Inclusive Global Legal Innovation Platform for Online Dispute Resolution – UNCITRAL and Hong Kong Department of Justice. Expert of the UNIDROIT Study Group on the MAC Protocol of the Cape Town Convention on International Interests. Delegate of Spain to UNIDROIT for the adoption of the Protocol, delegate of Spain in Working Group VI of UNCITRAL on secured transactions and in Working Group IV on Electronic Commerce. Member of UNIDROIT Working Groups on Enforcement and Warehouse Receipts.
William Brydie-Watson is an Australian lawyer who specialises in secured transactions law and private international law. Before joining UNIDROIT, William was a government lawyer in the Private International Law and International Arbitration section of the Australian Attorney-General’s Department, where he worked primarily on treaty negotiation and the implementation of private international law treaties in Australia. At UNIDROIT, he is primarily responsible for the implementation of the Mining, Agriculture and Construction (MAC Protocol) to the 2001 Cape Town Convention on International Interests in Mobile Equipment and the development of a Model Law on Factoring. William also serves as UNIDROIT’s liaison with the Asia Pacific Economic Cooperation (APEC) forum and as manager of the Institute’s Scholarship and Internship Programme. Admitted to practice in New South Wales and the High Court of Australia, he has a Bachelor of Arts (honours), a Bachelor of Laws and a Master of Laws from the Australian National University. William also lectures on International Secured Transactions Law at the Eotvos Lorand Faculty of Law in Budapest.