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

Author: International Monetary Fund. Monetary and Capital Markets Department
Publisher: International Monetary Fund
ISBN: 1498336051
Category : Business & Economics
Languages : en
Pages : 77

View

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.

Author:
Publisher: Cambria Press
ISBN: 1621968855
Category :
Languages : en
Pages : 330

View

Book Description

Author: Rosa Lastra
Publisher: OUP Oxford
ISBN: 9780199577071
Category : Law
Languages : en
Pages : 0

View

Book Description
Bringing together distinguished insolvency and banking law experts, this book provides a unique analysis of the legal issues associated with cross-border bank insolvency in the light of the financial crisis, including aspects of economics and an inter-jurisdictional approach combining national, European, and international dimensions.

Author: Veerle Colaert
Publisher: Bloomsbury Publishing
ISBN: 150992647X
Category : Law
Languages : en
Pages : 560

View

Book Description
Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries. As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality. This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.

Author: Yasuyuki Fuchita
Publisher: Brookings Institution Press
ISBN: 0815722508
Category : Business & Economics
Languages : en
Pages : 233

View

Book Description
"A Brookings Institution Press and Nomura Institute of Capital Markets Research publication It has been four years since the financial crisis of 2008, and the global financial system still is experiencing malaise caused by high rates of unemployment; a lingering, unresolved supply of foreclosed properties; the deepening European debt crisis; and fear of a recurrence of the bank turmoil that brought about the Great Recession. All of these factors have led to stagnant economic growth worldwide. In Rocky Times, editors Yasuyuki Fuchita, Richard J. Herring, and Robert E. Litan bring together experts from academia and the banking sector to analyze the difficult issues surrounding troubled large financial institutions in an environment of economic uncertainty and growing public anger. Continuing the format of the previous Brookings-Nomura collaborations, Rocky Times focuses largely on developments within the United States and Japan but looks at those in other nations as well. This volume examines two broad areas: the Japanese approach to regulating financial institutions and promoting financial stability and the U.S. approach in light of the Dodd-Frank Act. Specific chapters include ""Managing Systemwide Financial Crises: Some Lessons from Japan since 1990,"" ""The Bankruptcy of Bankruptcy,"" ""The Case for Regulating the Shadow Banking System,"" ""Why and How to Design a Contingent Convertible Debt Requirement,"" and ""Governance Issues for Macroprudential Policy in Advanced Economies."" Contributors: Gavin Bingham (Systemic Policy Partnership, London), Charles W. Calomiris (Columbia Business School), Douglas J. Elliott (Brookings Institution), Kei Kodachi (Nomura Institute of Capital Markets Research), Morgan Ricks (Vanderbilt Law School)."

Author: Wouter Bossu
Publisher: International Monetary Fund
ISBN: 1513580329
Category : Law
Languages : en
Pages : 44

View

Book Description
Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.

Author: Guo, Shuai
Publisher: Edward Elgar Publishing
ISBN: 1802200568
Category : Law
Languages : en
Pages : 352

View

Book Description
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.

Author: Joel P. Trachtman
Publisher: Cambridge University Press
ISBN: 1139620614
Category : Law
Languages : en
Pages : 317

View

Book Description
The world is changing rapidly and there are increasing calls for international and legal responses. Social changes in areas such as globalization, development, demography, democratization and technology are growing in importance for both citizens and states. Over time this will be reflected in international law and organizational structures, which will have more prominence in governmental functions. In this sense the future of international law is global government. This book draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of global concern and predicts that a more extensive, powerful and varied international legal system will be needed to cope with future opportunities and challenges.

Author: Joanna Gray
Publisher: Edward Elgar Publishing
ISBN: 0857933108
Category : Business & Economics
Languages : en
Pages : 129

View

Book Description
The depositor run on the Northern Rock bank in September 2007, which led to the bank's subsequent nationalization was the first run on a UK bank for nearly 150 years and was a seminal moment in the unfolding global financial crisis. This book provides a detailed legal analysis of the role played by financial law and regulation during this event, and the impact the episode made on the law. The contributors to the book explore and elaborate upon the legal technique of securitization, and how Northern Rock itself created and employed securitized financial assets. There is also in-depth discussion and analysis of the origin of the problems experienced in the wholesale interbank markets surrounding the Northern Rock crisis. Chapters focus on risk-based financial regulation, depositor protection, and bank rescue and resolution mechanisms in the UK before and after the Northern Rock crisis. State aid implications of the nationalization of Northern Rock, and the future of financial regulation are also considered. This timely new book will appeal to academics, postgraduate and undergraduate students in law and business schools as well as practitioners, regulators and lawmakers.

Author: Scott James
Publisher: Oxford University Press
ISBN: 0192564196
Category : Political Science
Languages : en
Pages : 239

View

Book Description
The UK and Multi-level Financial Regulation examines the role of the United Kingdom (UK) in shaping post-crisis financial regulatory reform, and assesses the implications of the UK's withdrawal from the European Union (EU). It develops a domestic political economy approach to examine how the interaction of three domestic groups - elected officials, financial regulators, and the financial industry - shaped UK preferences, strategy, and influence in international and EU-level regulatory negotiations. The framework is applied to five case studies: bank capital and liquidity requirements; bank recovery and resolution rules; bank structural reforms; hedge fund regulation; and the regulation of over-the-counter derivatives. It concludes by reflecting on the future of UK financial regulation after Brexit. The book argues that UK regulators pursued more stringent regulation when they had strong political support to resist financial industry lobbying. UK regulators promoted international harmonisation of rules when this protected the competitiveness of industry or enabled cross-border externalities to be managed more effectively; but were often more resistant to new EU rules when these threatened UK interests. Consequently, the UK was more successful at shaping international standards by leveraging its market power, regulatory capacity, and alliance building (with the US). But it often met with greater political resistance at the EU level, forcing it to use legal challenges to block reform or secure exemptions. The book concludes that political and regulatory pressure was pivotal in defining the UK's 'hard' Brexit position, and so the future UK-EU relationship in finance will most likely be based on a framework of regulatory equivalence.