Resolution and Insolvency of Banks and Financial Institutions
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 March 2016
- ISBN 9780198703587
- Binding Hardback
- No. of pages576 pages
- Size 247x182x36 mm
- Weight 1146 g
- Language English 0
Categories
Short description:
The book discusses the legal mechanisms available in the EU and the United States to deal with banks and other financial institutions that are in financial distress. It analyses the impact of the Bank Recovery and Resolution Directive looking at implementation in the UK and Germany, and uses US law as a comparative reference point.
MoreLong description:
This book provides a detailed analysis and critical assessment of the EU and US resolution regimes for banks and financial institutions on a comparative basis.
The book analyses the EU legal framework under the Bank Recovery and Resolution Directive, and considers the challenges in national implementation through the two largest economies within the EU, Germany and the UK. The very influential laws of the US, (Securities Investor Protection Act 1970, and the Wall Street Reform and Consumer Protection Act: Dodd-Franck) are used as a comparative reference point.
Through analysis of the new EU framework and of the more mature system in the US, the book considers whether and to what extent the EU framework and national regimes contribute to ensuring resolvability of financial institutions, how their efficacy may be increased with a view, in particular, to the resolution of cross border groups, and what the future may hold, especially in respect of a single European resolution authority.
The book is a great reference on bank resolution for academics and practitioners. It provides a thorough and in-depth discussion of resolution regimes and tools, covering a wide range of issues that have not yet been examined in the literature.
Table of Contents:
Part I: Crisis Management in Context
Financial Reform after the Crisis: An Overview
Financial Stability, Systemic Risk and Taxpayers' Money ? The Rationale for a Special Resolution Regime
Banking Sector and Corporate Structures - the Scope of the Recovery and Resolution Frameworks
Judicial Review
Part II: Preparation and Prevention
Institutional Architecture
Recovery and Resolution Planning
Early Intervention
Part III: Resolution Tools and Powers
Overview and General Preconditions
Private Sector Transfer, Bridge Bank and Asset Separation
Bail-in/Debt Write Down
Deposit Insurance and Resolution Funding
Part IV: Bank Insolvency Procedures
Resolution and Corporate Insolvency
Corporate Rescue and Reorganisation
Winding Up and Liquidation
Part V: The International Dimension
The International Dimension - Cross-Border Groups