JPN FSA M&A Consulting Functions


On Jun. 27, JPN FSA proposed revisions re M&A consulting functions.


  • JPN FSA proposed revisions to Comprehensive guidelines for supervision of small, medium-sized, regional financial institutions, and of cooperative financial institutions.
  • Guidelines for supervision of major banks, and credit business of fishery cooperatives.
  • Follows JPN FSA, GVT Nov. 2023 issued a request for business support, see #192628.
  • Also follows JPN METI Mar. 2024 issued PMI practical tools, guidebook, see #206942.
  • Proposed Revisions
  • Clarify the focus of financial institutions in implementing their consulting functions for businesses, as they are expected to become more proactive in supporting M&A.
  • Clarify the framework that financial institutions should develop, as it has been pointed out that management guarantees are an obstacle to M&A and business succession.
  • Consultation Period
  • Comments shall be submitted by Jul. 31, 2024.
  • In Jun. 2024, JPN FSA issued report on regional banks' client support, see #217533.
  • Aug. 2024 Response to Comments
  • On Aug. 30, 2024, JPN FSA issued 14 public comments received and its responses.
  • For guarantee agreements concluded before Mar. 2023, financial institutions are advised to provide explanations to guarantors promptly, while executing loans.
  • Where a new guarantee agreement is concluded with a new CEO in place of a former CEO, the Guidelines on management guarantees and special provisions of Guidelines on management guarantees that focus on business succession may be applied.
  • The revised supervisory guidelines will be implemented from Oct. 1, 2024.
  • Plus, JPN FSA requested public, private financial institutions to promote M&A support, including handling of management guarantees during M&A and business succession.
  • Understanding special provisions of Guidelines on management guarantees focused on business succession; reviewing approach to Guidelines on management guarantees.
  • Improving a system using case studies; handling loans with credit guarantees.

Regulators JPN FSA
Entity Types Bank; CU
Reference RF, PR, FS, 8/30/2024; CP, PR, 6/27/2024
Functions Compliance; Financial; Legal; Operations; Treasury
Countries Japan
Category
State
Products Banking; Loan
Regions AP
Rule Type Final
Rule Date 6/27/2024
Effective Date 10/1/2024
Rule Id 217370
Linked to Rule :217533
Reg. Last Update 8/30/2024
Report Section International

Last substantive update on 09/04/2024