An Overview Of The Legal Institutional And Regulatory Framework For Bank Insolvency
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International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank
Author : International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank Publisher : International Monetary Fund Page : 77 pages File Size : 50,6 Mb Release : 2009-04-17 Category : Business & Economics ISBN : 9781498336055
An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank Pdf
This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada by Eva Helene Gertrude Hüpkes Pdf
Until recent years, formal bank insolvency proceedings were rare occurrences, with governments more often than not coming to the rescue of failing banks. As a result, few studies relating to bank failure have paid much attention to the regulatory framework for failing banks and the conduct of formal bank insolvency proceedings. However, in the aftermath of the Asian financial crisis, more attention has been focused on issues of bank insolvency. Structural reforms in the banking sector of various Asian countries, in particular the implementation of effective exit rules to expel insolvent and non-viable banks from the market, have been considered of primary importance to restoring confidence in the troubled banking sector. In addition, the ability of governments within the European Union to rescue insolvent banks has been significantly limited by strict rules on competition, suggesting that failing banks will become increasingly subject to insolvency proceedings. The Legal Aspects of Bank Insolvency compares the legal framework for dealing with insolvent banks in Western Europe, the United States and Canada, identifying the distinctive features of each regime and discussing the main issues and choices in dealing with failing banks. It also examines the implications of a cross-border bank insolvency, and considers different approaches to the problems it raises, including the supranational approach of the proposed European Directive on the Reorganization and Winding-up of Credit Institutions. This work will be of value to lawmakers, to consultants and scholars engaged in technical assistance work, and to those who advise the legislators and officials involved in devising a legal framework for bank insolvency. It will also be of interest to practitioners and in-house counsel working in the field of banking and corporate law.
Legal Aspects of Regulatory Treatment of Banks in Distress by Mr.T. M. C. Asser Pdf
This book analyzes and compares the laws of selected industrial countries that are representative of the different approaches to the treatment of banks in distress. It addresses only those banking and economic policy issues that are required for a proper understanding of the banking law or the legal strategies, procedures, and practices that have evolved in the treatment of banking problems. The book does not cover international aspects of bank insolvency, but rather has a domestic focus, given that bank regulation and supervision are still largely a national endeavor.
Research Handbook on Cross-Border Bank Resolution by Matthias Haentjens,Bob Wessels Pdf
Since 2008, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. Whereas much may have been achieved on regional levels, this has not been perfect, and many global challenges remain unsolved. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for cross-border bank crises with contributions from eminent experts from the US, EU, Japan and China. The topic is addressed from both economic, and legal perspectives, with a special section devoted to real-life cases.
Financial Institutions Answer Book by Stuart G. Stein,Richard A. Schaberg,Laura R. Biddle Pdf
Financial Institutions Answer Book provides, in a handy Q&A format, a comprehensive overview of the complex federal requirements regulating financial institutions in the United States. Every aspect of a financial institution life cycle is covered, from understanding the differences in regulation based on what type of charter is chosen, through ongoing capital and deposit activities requirements and major changes in corporate control, to the cessation of entity activity through merger, acquisition or entity failure. Financial Institutions Answer Book describes the requirements under each type of charter for the major areas of financial institution activity, such as: The creation of branch offices and deposit activityCorporate governanceExecutive compensationDeposit insurance requirementsInsider and affiliate transactionsAnti-money laundering and U.S. trade sanctionsExamination and auditPrivacy and data securityReflecting the increased federal concern with fraud, money laundering and protecting the federal taxpayer from bank defaults, individual chapters are devoted to describing in detail the federal enforcement agencies and their powers, anti-money laundering and other fraud issues, the required examinations and audit process, and recent regulatory approaches to problem banks and failure. Published in a handy softcover volume, Financial Institutions Answer Book is a source for quick, concise answers and will be of interest to lawyers and other legal professionals, as well as financial institution managers, officers, directors and other employees who would like a comprehensive understanding of the legal framework regulating banks and other financial institutions.
Resolving Bank Failures and Institutions: Is There a Link? Some Empirical Evidence by Marlon Rawlins,Ms. Luisa Zanforlin Pdf
Policymakers across countries have been seeking to strengthen the institutional framework to control fiscal costs and feedback effects to the real economy generated by bank failures. On a cross-section of countries, we find evidence that suggests that bank supervisors’ intervention in bank failures may be positively associated with some aspects of the administrative and regulatory framework. Our results appear to hold also during times of financial instability. Finally, we find some evidence that the same institutional features may be associated with lower fiscal outlays during banking crises.
Financial Institutions by Christopher C. Nicholls Pdf
"In particular, the book explores the regulation of banks and other deposit-taking institutions, insurance companies and securities firms, and includes analysis of the recent credit market crisis and the subsequent regulatory responses."--publisher.
Research Handbook on Corporate Restructuring by Omar, Paul J.,Gant, Jennifer L.L. Pdf
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Legal Aspects of Banking Regulation by Kenneth Kaoma Mwenda Pdf
Legal aspects of banking regulation: Common law perspectives from Zambiaby Kenneth K Mwenda2010ISBN: 978-0-9814420-7-5Pages: 330Print version: AvailableElectronic version: Free PDF available.
Insolvency Law and Multinational Groups by Daoning Zhang Pdf
The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.
Bank Insolvency Law in Developing Economies by Kayode Akintola,Folashade Adeyemo Pdf
The subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.
Author : International Monetary Fund Publisher : International Monetary Fund Page : 9 pages File Size : 43,7 Mb Release : 2009-09-04 Category : Business & Economics ISBN : 9781498336109
Key Developments in IMF Policy Work--October 12, 2008-April 22, 2009 by International Monetary Fund Pdf
This paper summarizes key developments in the Fund’s policy work since the 2008 Annual Meetings. Table 1 presents key conclusions of policy initiatives. Table 2 provides a progress report on implementation of the Fund’s surveillance priorities.
The Economics of Bank Bankruptcy Law by Matej Marinč,Razvan Vlahu Pdf
This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007–2009 financial crisis.
The Need for Special Resolution Regimes for Financial Institutions—The Case of the European Union by Mr.Martin Cihak,Erlend Nier Pdf
The global financial crisis has demonstrated weaknesses in resolution regimes for financial institutions around the globe, including in the European Union (EU). This paper considers the principles underlying resolution regimes for financial institutions, and draws out how a well-designed resolution regime can expand the toolset available for crisis management. Introducing, or in some cases expanding the scope, of these regimes is pressing to achieve more effective responses to ongoing financial sector weaknesses across the EU.
