Can the 'Single Point of Entry' Strategy Be Used to Recapitalize a Failing Bank?

Author(s):  
Paul H. Kupiec ◽  
Peter J. Wallison
2020 ◽  
Vol 11 (4) ◽  
pp. 1022-1034
Author(s):  
Roman R. Kobenia ◽  

The article analyzes various aspects of the single point of entry bank resolution strategy in the United States and seeks to determine the viability of legally adopting this approach in the Russian Federation. The single point of entry strategy provides an alternative to “bailing out” large bank groups and bankruptcy proceedings via controlled liquidation of the parent company with simultaneous financial rehabilitation of the subsidiary bank. Orderly Liquidation Authority detailed by Title II of the Dodd-Frank Act provides a legislative framework for the single point of entry strategy, but due to the doctrine only existing as a guideline and not directly regulated by legislation, there are several gaps in legislation that cause various problems in both the practical implementation of the single point of entry doctrine and its scientific evaluation. The insufficiently studied topic of single point of entry doctrine as a form of corporate liability is also examined in the article. Russian legislation and court practices regarding bank rehabilitation and the doctrine of “piercing the corporate veil” are examined to determine the possibility of legally adopting the single point of entry doctrine due to similarities between doctrines. The flaws and merits of the single point of entry doctrine are studied while accounting for potential ways to overcome the legal gaps in the strategy. The article reaches the conclusion that while the single point of entry doctrine is far from perfect, the basic principles can be applied to Russian legislation and serve as a viable alternative to the prevalent “bailout” practice.


Author(s):  
Morten Meyerhoff Nielsen

As illustrated by the specific eGovernment strategies, initiatives and good practice examples Danish authorities, at all levels of government, posses a number of strengths equipping them well for further digitisation and a move to Government 2.0. Strengths which include: Well developed strategies, goals and activities; single point of entry initiatives; attended and aligned development, common standards and enterprise architecture; joint development, strategies, corporation and marketing; guidelines and methodologies developed specifically to optimise the use of ICT etc.


Author(s):  
Jennings-Mares Jeremy ◽  
Pinedo Anna T ◽  
Ireland Oliver

This chapter analyses the single point of entry (SPOE) approach to bank resolution. The strategy involves the application of resolution powers at the level of the top holding or parent company by a single resolution authority. This resolution authority would probably be located in the jurisdiction responsible for the global consolidated supervision of the banking group. The assets and the continuity of operations of subsidiaries are preserved, which avoids the need to commence distinct resolution proceedings at lower levels within the group. Although a resolution led by the home resolution authority may require assistance from a host authority, in terms of the application of resolution tools locally to support the top level resolution, or to bail-in intra-group debt claims, the principle is that no distinct, independent resolution proceedings should be required, as regards local subsidiaries of the group. The chapter addresses both the UK and US approach to SPOE.


Author(s):  
Krimminger Michael

This chapter explores the US and UK’s response to the 2007–9 Global Financial Crisis. In both cases, funding for the resolution and restructuring of failing financial companies came from public sources-generally national governments and central banks funded by the private creditors or other private sources. In the UK, the resolution actions relied solely on taxpayer financing. In the US, the government’s actions relied on Federal Reserve funding, Treasury funding through the Troubled Asset Relief Program (TARP), and Federal Deposit Insurance Corporation (FDIC) funding from the Deposit Insurance Fund. The chapter also assesses the role of bail-in under the Resolution Authorities and concludes with a brief summary of the UK and EU approach to single point of entry (SPOE) strategy.


Author(s):  
Gleeson Simon ◽  
Guynn Randall

This chapter looks at how the structure of bank groups is factored into the resolution process. In analysing the resolution of banks and other legal entities, a focus on the legal entities alone is a form of false consciousness. Instead, the focus needs to be on resolving the overall financial enterprise of which the bank is a part. By focusing on resolving groups instead of individual legal entities, financial regulatory authorities around the world have developed the single-point-of-entry (SPE) resolution strategy, which has been widely accepted as the most promising solution to the too-big-to-fail problem. When applied to a banking group with a holding company at the top and operating subsidiaries at the bottom, only the top-tier holding company would be put into a bankruptcy or resolution proceeding. The holding company’s assets would then be used to recapitalize the operating subsidiaries, perhaps pursuant to secured capital contribution agreements, and keep them out of their own insolvency or resolution proceedings. The recapitalized group would then be stabilized and its residual value distributed to the failed holding company's stakeholders in satisfaction of their claims.


2010 ◽  
Vol 76 (5) ◽  
pp. 509-511
Author(s):  
Alan A. Saber ◽  
Tarek H. El-Ghazaly

Single-incision laparoscopic surgery is an emerging minimally invasive approach. When using the single-incision laparoscopic surgery approach, the surgeon operates almost exclusively through a single point of entry, usually the patient's umbilicus. This approach is steadily gaining popularity among minimally invasive surgeons, as it combines the cosmetic advantage of Natural Orifice Translumenal Surgery with the technical familiarity of conventional laparoscopic surgery. In this report, we describe our implementation of the single-incision laparoscopic approach to perform an unroofing of a posttraumatic splenic cyst; in this case, the entire procedure is performed through a 2-cm intraumbilical incision.


2005 ◽  
Vol 5 (4) ◽  
pp. 360-372 ◽  
Author(s):  
Matt R. Bohm ◽  
Robert B. Stone ◽  
Simon Szykman

This paper describes the transformation of an existing set of heterogeneous product knowledge into a coherent design repository that supports product design knowledge archival and web-based search, display, and design model and tool generation. Guided by design theory, existing product information was analyzed and compared against desired outputs to ascertain what information management structure was needed to produce design resources pertinent to the design process. Several test products were catalogued to determine what information was essential without being redundant in representation. This set allowed for the creation of a novel single point of entry application for product information and the development of a relational database for design knowledge archival. Web services were then implemented to support design knowledge retrieval through search, browse, and real-time design tool generation. Further explored in this paper are the fundamental enabling technologies of the design repository system. Additionally, repository-generated design tools are scrutinized alongside human-generated design tools for validation. Through this process researchers have been able to improve the way in which artifact data are gathered, archived, distributed and used.


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