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Legal Aspects of Regulatory Treatment of Banks in Distress

Author : Mr.T. M. C. Asser

Publisher : International Monetary Fund

Page : 200 pages

File Size : 47,3 MB

Release : 2001-04-18

Category : Business & Economics

ISBN : 9781557759726

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Book Description

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.



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

Author : Eva Helene Gertrude Hüpkes

Publisher : Springer

Page : 216 pages

File Size : 19,50 MB

Release : 2000-09-08

Category : Business & Economics

ISBN :

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Book Description

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.



An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

Author : International Monetary Fund. Monetary and Capital Markets Department

Publisher : International Monetary Fund

Page : 77 pages

File Size : 10,65 MB

Release : 2009-04-17

Category : Business & Economics

ISBN : 1498336051

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Book Description

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.



Legal Aspects of Banking Regulation

Author : Kenneth Kaoma Mwenda

Publisher : PULP

Page : 354 pages

File Size : 17,92 MB

Release : 2010

Category : Banking law

ISBN : 0981442072

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Book Description

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.



Banks in Crisis

Author : Andrew B. Campbell

Publisher :

Page : pages

File Size : 46,97 MB

Release : 2002

Category : LAW

ISBN : 9781315182179

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Book Description

"This title was first published in 2002: A detailed and critical analysis of the various legal problems that arise when banks are in serious financial difficulty, Banks in Crisis offers an invaluable, international perspective on the concept and causes of bank failure. It takes an authoritative and much-needed look at a number of key issues including: - Effective bank regulation as an instrument in the possible prevention of banking crises, with particular reference to the role of the Financial Services Authority in the UK, and the impact of the Financial Services and Markets Act 2000 - The role of the Bank of England in the new regulatory landscape, with particular reference to its function as lender of last resort - The legal controls on those involved in the management of banks - Insolvency procedures and bank liquidation - The use of depositor protection schemes. By drawing conclusions and weighing up the methods available to promote stability, prevent failure and promote rescues where appropriate, Banks in Crisis is an essential read and a welcome addition to this crucial area of research."--Provided by publisher.



Managing Risk in the Financial System

Author : John Raymond LaBrosse

Publisher : Edward Elgar Publishing

Page : 529 pages

File Size : 12,98 MB

Release : 2011-01-01

Category : Business & Economics

ISBN : 0857933825

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Book Description

Incisive, authoritative and thoughtful, this important and timely collection of papers exploring the unresolved issues left by the recent global financial turmoil, will undoubtedly shape the policy responses to come. Interdisciplinary in approach and wide-ranging in jurisdictional scope, it draws together influential commentators, practitioners and regulators, to create a new milestone in the search for the fundamentals of a more stable global financial system.? - Eva Lomnicka, King?s College London, UK ?This book contains a large number of chapters, nearly 30 in all, by acknowledged experts on various aspects of the recent financial crisis. Whichever aspect of this crisis that may interest you, such as bank taxes, deposit insurance, TBTF and how to respond, cross-border issues, and many, many others, you will find chapters that are both authoritative and stimulating in this collection. The editors are to be congratulated not only in their selection of authors but also in the speed with which they have taken them from conference presentation to book chapter.? - Charles Goodhart, London School of Economics, UK Managing Risk in the Financial System makes important and timely contributions to our knowledge and understanding of banking law, financial institution restructuring and related considerations, through the production of an innovative, international and interdisciplinary set of contributions which link law and policy issues surrounding systemic risk and crisis management. The recent financial crisis has exposed both the banking industry and financial system safety net players in many countries to a considerable level of distress as well as economic and reputational damage. These circumstances have heightened the need for policymakers to consider remedial measures under a broad umbrella that encompass inter alia prompt corrective actions, early closure of distressed entities, deposit insurance, bail-outs, state-aid, bank resolution and restructuring techniques. These essays provide an important contribution to research in this area, at a crucial time in the debate around the future financial industry. Contributors



Bank Regulation in a Post-financial Crisis Landscape

Author :

Publisher :

Page : 124 pages

File Size : 44,5 MB

Release : 2016

Category : Bank failures

ISBN :

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Book Description

This thesis is a nexus of three topics; financial stability, banking regulation and financial influence. In four separate chapters, this work examines how financial institutions interact with their regulators, in particular after the financial crisis of 2008. Size, incentives, guarantees, moral hazard, treatment, capture and influence play an important role in the analysis. The first chapter focusses on the relation between bank size and support, confirming the hypothesis that bank size is positively related to support ratings. It also finds evidence that the effect is non-linear, confirming the 'too-big-to-rescue' theory. Chapter two tests whether the expectation of individual and systemic government support induces moral hazard. It shows that banks tend to be more leveraged, funded with capital of lower quality, more heavily invested in risky assets and exposed to more severe liquidity mismatch when they are perceived as being more likely to benefit from government support. In the last two chapters the focus is shifted to banks' political activities and connections. Both chapters leverage a unique dataset that links U.S. banks' sources of influence (e.g., lobbying expenditures, proximity to the relevant legislative committee, prior affiliation with regulatory or government institutions) to bank financial data, actual bank supervisory actions, and market-inferred expected government support. The findings in chapter three suggest that banks' political influence indeed matters for the regulatory treatment of distressed banks, as well as for the expectation of support regardless of bank distress. Chapter four further dives into determinants of bank lobbying, and explores whether political connections and risk taking influence the decision to lobby. In combination, these findings are instructive for understanding the political landscape surrounding banks and their regulators. It also helps us to have a broader understanding of what drives government support to banks, and how in turn that support can trigger moral hazard within banks.





Principles of Banking Law

Author : Ross Cranston

Publisher : Oxford University Press

Page : 633 pages

File Size : 20,77 MB

Release : 2018

Category : Business & Economics

ISBN : 0199276080

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Book Description

This third edition of the Principles of Banking Law provides an authoritative treatment of both domestic and international banking law. This edition contains expanded coverage of developments in other comparable jurisdictions, internet banking services and money laundering.



Research Handbook on Crisis Management in the Banking Sector

Author : Matthias Haentjens

Publisher : Edward Elgar Publishing

Page : 640 pages

File Size : 15,74 MB

Release : 2015-10-30

Category : Business & Economics

ISBN : 1783474238

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Book Description

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.