Cross-Border Bank Resolution - Recent Developments

Cross-Border Bank Resolution - Recent Developments

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 2014-02-06

Total Pages: 41

ISBN-13: 1498343287

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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


Resolution and Insolvency of Banks and Financial Institutions

Resolution and Insolvency of Banks and Financial Institutions

Author: Michael Schillig

Publisher: Oxford University Press, USA

Published: 2016

Total Pages: 0

ISBN-13: 9780198703587

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Discussing the legal mechanisms available in the EU and the United States to deal with banks and other financial institutions that are in financial distress, this book 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.


The Need for Special Resolution Regimes for Financial Institutions—The Case of the European Union

The Need for Special Resolution Regimes for Financial Institutions—The Case of the European Union

Author: Mr.Martin Cihak

Publisher: International Monetary Fund

Published: 2009-09-01

Total Pages: 31

ISBN-13: 1451873476

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The global financial crisis has demonstrated weaknesses in resolution regimes for financial institutions around the globe, including in the European Union (EU). This paper considers the principles underlying resolution regimes for financial institutions, and draws out how a well-designed resolution regime can expand the toolset available for crisis management. Introducing, or in some cases expanding the scope, of these regimes is pressing to achieve more effective responses to ongoing financial sector weaknesses across the EU.


The Director's Book: Role of Directors for National Banks and Federal Savings Associations

The Director's Book: Role of Directors for National Banks and Federal Savings Associations

Author: Office of Office of the Comptroller of the Currency

Publisher:

Published: 2019-07-27

Total Pages: 105

ISBN-13: 9781083159205

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The Office of the Comptroller of the Currency (OCC) charters, regulates, and supervises all national banks and federal savings associations (collectively, banks), as well as federal branches and agencies of foreign banks. In regulating banks, the OCC has the power to:* examine the banks.* approve or deny applications for new charters, branches, capital, or otherchanges in corporate or banking structure.* take supervisory actions against banks that do not comply with lawsand regulations or that otherwise engage in unsafe or unsound practices.The OCC also can remove officers and directors, negotiate agreementsto change banking practices, and issue cease-and-desist (C&D) orders aswell as civil money penalties (CMP).* issue rules and regulations, legal interpretations, and corporate decisionsgoverning investments, lending, and other activities.Boards of directors play critical roles in the successful operation of banks. The OCC recognizes the challenges facing bank directors. The Director's Book: Role of Directors for National Banks and Federal Savings Associations helps directors fulfill their responsibilities in a prudent manner. This book provides an overview of the OCC, outlines directors' responsibilities as well as management's role, explains basic concepts and standards for safe and sound operation of banks, and delineates laws and regulations that apply to banks. To better understand a particular bank activity and its associated risks, directors should refer to the Comptroller's Handbook booklets, including the "Corporate and Risk Governance" booklet. For information generally found in board reports, including "red flags"--ratios or trends that may signal existing or potential problems--directors should refer to Detecting Red Flags in Board Reports: A Guide for Directors..


Title 12 Banks and Banking Parts 230 to 299 (Revised as of January 1, 2014)

Title 12 Banks and Banking Parts 230 to 299 (Revised as of January 1, 2014)

Author: Office of The Federal Register, Enhanced by IntraWEB, LLC

Publisher: IntraWEB, LLC and Claitor's Law Publishing

Published: 2014-01-01

Total Pages: 522

ISBN-13: 016092233X

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The Code of Federal Regulations Title 12 contains the codified Federal laws and regulations that are in effect as of the date of the publication pertaining to banks, banking, credit unions, farm credit, mortgages, consumer financial protection and other related financial matters.


European Banking Union

European Banking Union

Author: Juan E. Castañeda

Publisher: Routledge

Published: 2015-11-19

Total Pages: 246

ISBN-13: 1317443039

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Recent failures and rescues of large banks have resulted in colossal costs to society. In wake of such turmoil a new banking union must enable better supervision, pre-emptive coordinated action and taxpayer protection. While these aims are meritorious they will be difficult to achieve. This book explores the potential of a new banking union in Europe. This book brings together leading experts to analyse the challenges of banking in the European Union. While not all contributors agree, the constructive criticism provided in this book will help ensure that a new banking union will mature into a stable yet vibrant financial system that encourages the growth of economic activity and the efficient allocation of resources. This book will be of use to researchers interested in Banking, Monetary Economics and the European Union.


Insolvency Law and Multinational Groups

Insolvency Law and Multinational Groups

Author: Daoning Zhang

Publisher: Routledge

Published: 2019-07-30

Total Pages: 271

ISBN-13: 1000497291

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The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.