The Legal Aspects Of Bank Insolvency A Comparative Analysis Of Western Europe The United States And Canada

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The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada

Eva Helene Gertrude Hüpkes
The Legal Aspects of Bank Insolvency A Comparative Analysis of Western Europe the United States and Canada Book PDF

Author : Eva Helene Gertrude Hüpkes
Publisher : Springer
Page : 216 pages
File Size : 53,5 Mb
Release : 2000-09-08
Category : Business & Economics
ISBN : STANFORD:36105060771420

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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.

Recognition of Foreign Bank Resolution Actions

Guo, Shuai
Recognition of Foreign Bank Resolution Actions Book PDF

Author : Guo, Shuai
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 45,6 Mb
Release : 2022-02-15
Category : Law
ISBN : 9781802200560

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Recognition of Foreign Bank Resolution Actions by Guo, Shuai Pdf

This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.

Personal Insolvency in the 21st Century

Iain Ramsay
Personal Insolvency in the 21st Century Book PDF

Author : Iain Ramsay
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 50,5 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781509900992

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Personal Insolvency in the 21st Century by Iain Ramsay Pdf

Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada

Eva Hupkes
The Legal Aspects of Bank Insolvency A Comparative Analysis of Western Europe the United States and Canada Book PDF

Author : Eva Hupkes
Publisher : Springer
Page : 216 pages
File Size : 50,6 Mb
Release : 2000-09-08
Category : Law
ISBN : 9041197699

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The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada by Eva Hupkes 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.

Research Handbook on Crisis Management in the Banking Sector

Matthias Haentjens,Bob Wessels
Research Handbook on Crisis Management in the Banking Sector Book PDF

Author : Matthias Haentjens,Bob Wessels
Publisher : Edward Elgar Publishing
Page : 624 pages
File Size : 48,5 Mb
Release : 2015-10-30
Category : Business & Economics
ISBN : 9781783474233

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Research Handbook on Crisis Management in the Banking Sector by Matthias Haentjens,Bob Wessels Pdf

In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank’s counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.

Banking Bailout Law

Virág Blazsek
Banking Bailout Law Book PDF

Author : Virág Blazsek
Publisher : Routledge
Page : 257 pages
File Size : 48,7 Mb
Release : 2020-10-27
Category : Business & Economics
ISBN : 9781000208344

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Banking Bailout Law by Virág Blazsek Pdf

Setting forth the building blocks of banking bailout law, this book reconstructs a regulatory framework that might better serve countries during future crisis situations. It builds upon recent, carefully selected case studies from the US, the EU, the UK, Spain and Hungary to answer the questions of what went wrong with the bank bailouts in the EU, why the US performed better in terms of crisis management, and how bailouts could be regulated and conducted more successfully in the future. Employing a comparative methodology, it examines the different bailout and bank resolution techniques and tools and identifies the pros and cons of the different legal and regulatory options and their underlying principles. In the post-2008 legal-regulatory architecture financial institution specific insolvency proceedings were further developed or implemented on both sides of the Atlantic. Ten years after the most recent financial crisis, there is sufficient empirical evidence to evaluate the outcomes of the bank bailouts in the US and the EU and to examine a number of cases under the EU’s new bank resolution regime. This book will be of interest of anyone in the field of finance, banking, central banking, monetary policy and insolvency law.

Bank Insolvency Law in Developing Economies

Kayode Akintola,Folashade Adeyemo
Bank Insolvency Law in Developing Economies Book PDF

Author : Kayode Akintola,Folashade Adeyemo
Publisher : Taylor & Francis
Page : 169 pages
File Size : 49,9 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000823639

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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.

Bank Recovery and Resolution

Sven Schelo
Bank Recovery and Resolution Book PDF

Author : Sven Schelo
Publisher : Kluwer Law International B.V.
Page : 201 pages
File Size : 47,5 Mb
Release : 2020-10-14
Category : Law
ISBN : 9789403519159

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Bank Recovery and Resolution by Sven Schelo Pdf

Bank Recovery and Resolution Second Edition Sven Schelo Since 2008, enormous efforts have been made worldwide to draft rules to prevent a reoccurrence of the devastating financial events of that year. In the process, bank business has been laid open to intense public and government scrutiny, and regulation of banking has grown to spectacular proportions. Prominent among the measures taken is the EU Bank Recovery and Resolution Directive (BRRD), which, together with the Single Resolution Mechanism (SRM) and the Single Resolution Fund, constitutes a crucial new pillar in the European Banking Union. Practitioners searching for orientation in what can readily be perceived as a ‘jungle’ have an urgent need for a clear and systematic description and analysis of these new rules, which are sure to have a massive impact on bank business from this time on, not only in Europe but also wherever European business is to be found. The solidly grounded analysis in this important book sets the new rules under BRRD into their full context as cross-border phenomena. With its crystal-clear explanation of key provisions, procedures, and ‘triggers’, the book organises a highly complex legal system into patterns and action plans that can be applied in virtually any eventuality likely to arise in cases where bank business is of central significance. Among the topics covered are the following: – entities covered by BRRD; – exceptions under BRRD; – objective and scope of BRRD tools – bail-in, bridge bank, sale of business, asset separation; – asset quality reviews; – curing or mitigating the continuing problem of non-performing loans; – new rules as response to lack of private solutions; – banks’ requirement to provide a minimum amount of eligible liabilities; – safety buffers to protect resolution; – need to be ‘resolvable’ in a worst case; – leverage and liquidity ratios; – forced mergers; – market spillover effects of recovery planning; – group recovery planning; – effects of foreign law contracts and assets; – write-down of capital instruments; and – special problems of cross-border restructuring. The presentation is enhanced by a comparative dimension, which includes reference to United States and other national developments and a full-scale analysis of Switzerland’s regulatory response to the crisis. Given that a full seamless global system of bank recovery and resolution has not yet been found, and that major banks are global players headquartered in different jurisdictions and even different continents, this book will greatly assist in the work of practitioners who must deal with cases involving international banking under the prevailing status quo. Its usefulness to officials and academics in international banking and finance law and policy, who are working towards a global solution, is of incalculable value.

Regulating and Supervising European Financial Markets

Mads Andenas,Gudula Deipenbrock
Regulating and Supervising European Financial Markets Book PDF

Author : Mads Andenas,Gudula Deipenbrock
Publisher : Springer
Page : 437 pages
File Size : 49,8 Mb
Release : 2016-08-16
Category : Law
ISBN : 9783319321745

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Regulating and Supervising European Financial Markets by Mads Andenas,Gudula Deipenbrock Pdf

The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.

The Economics of Bank Bankruptcy Law

Matej Marinč,Razvan Vlahu
The Economics of Bank Bankruptcy Law Book PDF

Author : Matej Marinč,Razvan Vlahu
Publisher : Springer Science & Business Media
Page : 158 pages
File Size : 46,9 Mb
Release : 2011-09-18
Category : Business & Economics
ISBN : 3642218075

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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 Palgrave Handbook of European Banking Union Law

Mario P. Chiti,Vittorio Santoro
The Palgrave Handbook of European Banking Union Law Book PDF

Author : Mario P. Chiti,Vittorio Santoro
Publisher : Springer
Page : 434 pages
File Size : 45,8 Mb
Release : 2019-05-16
Category : Business & Economics
ISBN : 9783030134754

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The Palgrave Handbook of European Banking Union Law by Mario P. Chiti,Vittorio Santoro Pdf

This handbook analyses the European Banking Union legal framework focusing on legislative acts (regulations and directives), case law and the resolution procedures. In addition, it will pay attention to the division of responsibilities between the ECB and the national authorities, with special attention to the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). To give a more complete picture, the book will also cover the implementation of European Deposit Insurance Scheme (so called third pillar) still under construction, and appeal to academics, researchers and students of banking and financial law.

Cambridge Yearbook of European Legal Studies, Vol 16 2013-2014

Albertina Albors-Llorens,Kenneth Armstrong,Markus Gehring
Cambridge Yearbook of European Legal Studies Vol 16 2013 2014 Book PDF

Author : Albertina Albors-Llorens,Kenneth Armstrong,Markus Gehring
Publisher : Bloomsbury Publishing
Page : 700 pages
File Size : 51,6 Mb
Release : 2015-01-22
Category : Law
ISBN : 9781782255796

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Cambridge Yearbook of European Legal Studies, Vol 16 2013-2014 by Albertina Albors-Llorens,Kenneth Armstrong,Markus Gehring Pdf

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.

Retail Depositor and Retail Investor Protection under EU Law

Constantinos Tokatlides
Retail Depositor and Retail Investor Protection under EU Law Book PDF

Author : Constantinos Tokatlides
Publisher : Routledge
Page : 256 pages
File Size : 52,6 Mb
Release : 2017-02-10
Category : Business & Economics
ISBN : 9781317224198

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Retail Depositor and Retail Investor Protection under EU Law by Constantinos Tokatlides Pdf

Retail Depositor and Retail Investor Protection under EU Law offers an original perspective on EU financial law in the area of retail investor protection, examining the status of protection awarded by EU law to retail depositors and retail investors in the event of financial institution failure. The analysis of relevant EU law is on the basis of effectiveness and has been elaborated in two levels of comparison. The first comparative approach examines relevant EU law both externally and internally: externally, vis-à-vis relevant international initiatives and developments in the area of financial law, as the latter affect the features and evolution of EU law, and internally by examining relevant instruments of EU law with regard to each other as to their normative structure and content. The second comparative approach also examines the status of retail depositors in relation to that of retail investors under EU law, in the event of financial institution failure, and the relevant legal consequences thereof.

Legal Challenges in the Global Financial Crisis

Wolf-Georg Ringe,Peter M Huber
Legal Challenges in the Global Financial Crisis Book PDF

Author : Wolf-Georg Ringe,Peter M Huber
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 49,6 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781782252566

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Legal Challenges in the Global Financial Crisis by Wolf-Georg Ringe,Peter M Huber Pdf

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate.While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.

Banking Regulation and World Trade Law

Lazaros E. Panourgias
Banking Regulation and World Trade Law Book PDF

Author : Lazaros E. Panourgias
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 49,6 Mb
Release : 2006-04-07
Category : Law
ISBN : 9781847311818

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Banking Regulation and World Trade Law by Lazaros E. Panourgias Pdf

Banking Regulation and World Trade Law concerns the legal aspects of the interaction between banking regulation and international trade in financial services. The author studies the internal banking market of the European Union, the liberalisation of financial services trade in the World Trade Organization, the accords of the Basel Committee on Banking Supervision and the European Central Bank. The book focuses on the balancing between banking regulation and international trade law. It discusses discrimination and proportionality in national banking regulation, the allocation of prudential regulation and supervision between home and host country, and international financial law-making. The author questions decentralised/nation-based banking regulation and supervision as a foundation for a sustainable liberalisation of international trade in financial services. The book considers various reforms of the international financial architecture, such as the incorporation of the Basel processes and accords into the WTO system, and the setting up of new international institutions by building on the Basel Committees or the IMF structures. The role of central banking in designing the international financial architecture is also explored: the book reviews the ECB's competence over foreign exchange policy and its function as lender of last resort, and treats price stability, banking soundness and representation as critical concepts. The analysis also reveals that the concept of 'prudential', despite its extensive use in banking regulation, has not been defined with adequate precision. In seeking to delineate the interface between international economic law and banking regulation, Dr Panourgias builds on the rich European scholarship on institutional financial issues and the US interdisciplinary approach to world trade law. He also entertains the notion of international financial law as a distinct field. The book will be of particular interest to those concerned with financial law and international banking.