6. Bank Insolvency and Resolution

2018 ◽  
Author(s):  
Ross Cranston ◽  
Emilios Avgouleas ◽  
Kristin van Zweiten ◽  
Theodor van Sante ◽  
Christoper Hare
Keyword(s):  
Special Treatment ◽  
Regulatory Regime ◽  
Cross Border ◽  
Industry Level ◽  
Bank Resolution ◽  
Domestic Level

Banks can become distressed for a range of reasons, just like other firms. These reasons may be internal to the distressed bank (e.g. risky lending practices) or external to it (both at industry level and at the macroeconomic level), or both. Distressed banks, however, are not always subject to the same regulatory regime that governs the treatment of distress in other kinds of firms. Banks have special characteristics and this has led to the special treatment, which is explored in this chapter. The discussions cover the justification for special treatment, special resolution regimes, bank resolution regimes at domestic level, and cross-border complexities.

The Changing Role of CSDs in the Post-Trade Industry in Europe

2016 ◽  
pp. 317-333
Author(s):  
Ariena van Wageningen
Keyword(s):  
Essential Role ◽  
Self Regulation ◽  
Cross Border ◽  
European Area ◽  
Changing Role ◽  
Central Securities Depositories ◽  
Domestic Level ◽  
Trade Market ◽  
Securities Settlement

In this chapter Central Securities Depositories (CSDs) are analyzed, in playing an essential role in the European post-trade market. The background is presented, describing their services both on domestic level, and in a cross border context in Europe. CSDs have introduced (self) regulation and this chapter outlines the efforts they are making to remove existing barriers in a still fragmented European post-trade market, in order to achieve more efficiency. Particular attention is given to the changes and challenges the CSDs face with respect to the Central Security Depository Regulation (CSDR) and Target2-Securities (T2S), which is an initiative of the Eurosystem and is expected to go live as of June 2015. T2S will connect CSDs within the European area, performing as a cross border securities settlement engine.

Transnational Securities Law - Online Update, March 2016

2014 ◽  
Keyword(s):  
Securities Law ◽  
Cross Border ◽  
Bank Resolution ◽  
Subject Areas

This noter-up complements Transnational Securities Law by Thomas Keijser. It updates the main edition in a number of areas. These include the following subject areas: Intermediated securities; Non-intermediated securities; Central Securities Depository (CSD); Bank resolution and insolvency ; and Banks and cross-border issues .

Die Anerkennung eines Konzerninteresses im europäischen Gesellschaftsrecht

2020 ◽  
Author(s):  
Marcel Stefan Endrich
Keyword(s):  
Single Market ◽  
Regulatory Regime ◽  
Group Management ◽  
Group Interest ◽  
Cross Border ◽  
European Single Market ◽  
Legal Situation ◽  
Academic Discussion ◽  
Group Law

There are no regulations in the European single market that lay down the mechanisms for group governance. For this reason, the academic discussion in the field of group law is increasingly focusing on the concept of group interest. The aim is to facilitate cross-border group management through a harmonised regulatory regime. The study evaluates the current legal situation and the proposed regulations. In the process, obstacles for a transformation into national law are identified. In addition, it is shown what effect the proposals would have on the level of protection granted to creditors. The insights gained are taken into account in a novel regulatory concept for the recognition of group interest.

Research Handbook on Cross-Border Bank Resolution

2019 ◽  
Author(s):  
Matthias Haentjens ◽  
Bob Wessels
Keyword(s):  
Cross Border ◽  
Bank Resolution

Cross-Border Bank Resolution - Recent Developments

Policy Papers ◽  
2014 ◽  
Vol 2014 (11) ◽  
Author(s):  
Keyword(s):  
Global Financial Crisis ◽  
Regulatory Reform ◽  
Bank Failures ◽  
Large Bank ◽  
Too Big To Fail ◽  
Cross Border ◽  
Bank Resolution ◽  
Recent Developments ◽  
The Global Financial Crisis ◽  
Cross Border Cooperation

Developing an effective framework for cross-border resolution is a key priority in international regulatory reform. Large bank failures during the global financial crisis brought home the lack of adequate tools for resolving “too-big-to-fail” institutions. In cross-border cases, misaligned incentives and lack of robust mechanisms for resolution and cross-border cooperation left some country authorities with little choice but to take unilateral actions, which contributed to the high fiscal costs of the crisis and resulted in disorderly resolution in some cases

Cross-Border Bank Resolution: Recent Developments

2016 ◽  
pp. 313-346
Author(s):  
Ceyla Pazarbasioglu ◽  
Ross Leckow ◽  
Barend Jansen ◽  
Marina Moretti ◽  
Wouter Bossu ◽  
...  
Keyword(s):  
Cross Border ◽  
Bank Resolution ◽  
Recent Developments

EU Bank Regulation after the Great Financial Crisis

2021 ◽  
pp. 163-182
Author(s):  
Agnieszka Smoleńska
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Financial Stability ◽  
Banking Sector ◽  
Regulatory Regime ◽  
The European Union ◽  
Financial Repression ◽  
Cross Border ◽  
Crisis Prevention ◽  
New Framework

The chapter outlines the main features of the post-crisis regulatory regime for banks in the European Union. It traces the evolution of the approach taken by EU legislators which transformed the deregulation which prevailed prior to the Great Financial Crisis (GFC) into a regulatory regime which though far from financial repression known in the 1970s, is oriented towards functionally prioritizing financial stability and banks’ functions in the broader economy. This is achieved through co-responsibilization of the banking sector for public objectives, explicit regulation of structure and operations as well as far-reaching powers granted to new oversight authorities. The chapter explains the features of such a new bespoke regulatory regime for EU cross-border banking drawing on the new framework for bank crisis prevention and management, that is EU resolution law.

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