Bank Resolution

Bank Resolution
Author: Jens-Hinrich Binder
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2016
Genre: Law
ISBN: 9780198754411

Responding to lessons learned during the global financial crisis, the EU Directive on the Recovery and Resolution of Banks and Securities Firms (the BRRD) has substantially changed the legal framework for insolvency management of financial services institutions across Europe. As the legislative process has been completed with the adoption of the BRRD, and of Regulation No 806/2014 establishing the Single Resolution Mechanism, this book offers a unique insight into the new European framework for the resolution of banks in distress. The chapters in this volume take stock of what has been achieved and present an insightful analysis of both the technical framework and its impact on banking institutions and their counterparties in representative forms of banking activities, including retail and wholesale depositors, counterparties to financial directives, and the providers of relevant parts of the market infrastructure. Special attention is given to the international coordination of resolution. The book's focus is on resolution and its impact on the relationships between banks, customers, other market participants and market infrastructure, including the preventative requirements on recovery and resolution planning under the BRRD. The chapters bring together a wide range of perspectives by scholars, practitioners from regulatory authorities and other parts of the financial safety net, as well as from private practice, from many jurisdictions, and both legal and economic backgrounds. Arranged broadly in line with the structure of the BRRD, the book is a highly useful reference for practitioners, policy-makers, and academics alike.

Financial Crisis Management and Bank Resolution

Financial Crisis Management and Bank Resolution
Author: John Raymond LaBrosse
Publisher: Taylor & Francis
Total Pages: 447
Release: 2020-11-25
Genre: Law
ISBN: 1000285898

Financial Crisis Management and Bank Resolution provides an analysis of the responses to the recent crisis that has beset the international financial markets taking a top down approach looking at the mechanisms to manage a financial crisis, to the practicalities of dealing with the resolution of a bank experiencing distress. This work is an interdisciplinary analysis of the law and policy surrounding crisis management and bank resolution. It comprises contributions from a team of leading experts in the field that have been carefully selected from across the globe. These experts are drawn from the law, central banks, government, financial services and academia. This edited collection will provide a new and important contribution to the subject at a crucial time in the debate around banking resolution and crisis management regimes, and help to plug the gap in our knowledge and understanding of the law of bank resolution and restructuring.

Bank Resolution and Crisis Management

Bank Resolution and Crisis Management
Author: Simon Gleeson
Publisher:
Total Pages:
Release: 2016
Genre: Bank failures
ISBN: 9780191820298

A comprehensive and practical guide to the new resolution regimes and strategies for resolving banks, including coverage of the UK, European, U.S. and international frameworks. Providing expert analysis of the new resolution regimes and strategies, it explains the impact on banking and investment practice and transactions.

Recognition of Foreign Bank Resolution Actions

Recognition of Foreign Bank Resolution Actions
Author: Guo, Shuai
Publisher: Edward Elgar Publishing
Total Pages: 352
Release: 2022-02-15
Genre: Law
ISBN: 1802200568

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.

Trade-offs in Bank Resolution

Trade-offs in Bank Resolution
Author: Mr.Giovanni Dell'Ariccia
Publisher: International Monetary Fund
Total Pages: 42
Release: 2018-02-09
Genre: Business & Economics
ISBN: 1484341007

This SDN revisits the debate on bank resolution regimes, first by presenting a simple model of bank insolvency that transparently describes the trade-off involved between bail-outs, bail-ins, and larger capital buffers. The note then looks for empirical evidence to assess the moral hazard consequences of bail-outs and the systemic spillovers from bail-ins.

The Single Resolution Mechanism

The Single Resolution Mechanism
Author: Robby Houben
Publisher:
Total Pages: 0
Release: 2017
Genre: Banking law
ISBN: 9789400007789

This book takes stock after a year of application of the SRM and examines the situation from various perspectives: the perspective of the SRB, the NRA, the supervised bank and judicial protection. Special attention is given to the division of power between the RB and the NRA and the impact on the supervised bank, the relationship and links between the SRM and the SSM and the query whether the right balance between national and supranational powers has been struck, also in view of the principle of subsidiarity.

Crisis and Response

Crisis and Response
Author: Federal Deposit Insurance Corporation
Publisher:
Total Pages:
Release: 2018-03-06
Genre:
ISBN: 9780966180817

Crisis and Response: An FDIC History, 2008¿2013 reviews the experience of the FDIC during a period in which the agency was confronted with two interconnected and overlapping crises¿first, the financial crisis in 2008 and 2009, and second, a banking crisis that began in 2008 and continued until 2013. The history examines the FDIC¿s response, contributes to an understanding of what occurred, and shares lessons from the agency¿s experience.

Bank Resolution Costs, Depositor Preference, and Asset Encumbrance

Bank Resolution Costs, Depositor Preference, and Asset Encumbrance
Author: Mr.Daniel C. Hardy
Publisher: International Monetary Fund
Total Pages: 30
Release: 2013-07-18
Genre: Business & Economics
ISBN: 1484354109

Depositor preference and collateralization of borrowing may reduce the cost of settling the conflicts among creditors that arises in case of resolution or bankruptcy. This net benefit, which may be capitalized into the value of the bank rather than affect creditors’ expected returns, should result in lower overall funding costs and thus a lower probability of distress despite increasing encumbrance of the bank’s balance sheet. The benefit is maximized when resolution is initiated early enough for preferred depositors to remain fully protected.

Banks Resolution and Liquidation Regimes

Banks Resolution and Liquidation Regimes
Author: Felix Lessambo
Publisher: Ethics International Press
Total Pages: 240
Release: 2024-10-15
Genre: Business & Economics
ISBN: 1804418676

Depending on the circumstances, bank failure may be managed through either resolution or liquidation. Bank resolution is one of the areas of financial system stability monitored and maintained by the Financial System Stability Committee. An effective resolution regime should make possible the resolution of any bank in an orderly manner without severe systemic disruption or exposing taxpayers to the risk of loss. Resolution authorities are required to draw up resolution plans laying out how to deal with a failing bank which is no longer viable and specifying the application of possible resolution tools and ways to ensure the continuity of critical functions. When a bank is no longer viable and a Purchase and Assumption (P&A) cannot be arranged or is not permitted under the applicable legal framework, the bank may have to be liquidated either under the general insolvency framework in place in the country or under a SRR for banks. However, if a bank goes into liquidation, all liabilities (except those exempted from the insolvency estate) fall due and the insolvency estate is protected by the imposition of a collective stay of creditor action (no further enforcement by individual creditors). A trustee is appointed to dispose of the assets and distribute the proceeds among the creditors.