Download or read book Bank Recovery and Resolution written by Sven Schelo and published by Kluwer Law International B.V.. This book was released on 2020-10-14 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bank Recovery and Resolution Second Edition Sven Schelo Since 2008, enormous efforts have been made worldwide to draft rules to prevent a reoccurrence of the devastating financial events of that year. In the process, bank business has been laid open to intense public and government scrutiny, and regulation of banking has grown to spectacular proportions. Prominent among the measures taken is the EU Bank Recovery and Resolution Directive (BRRD), which, together with the Single Resolution Mechanism (SRM) and the Single Resolution Fund, constitutes a crucial new pillar in the European Banking Union. Practitioners searching for orientation in what can readily be perceived as a ‘jungle’ have an urgent need for a clear and systematic description and analysis of these new rules, which are sure to have a massive impact on bank business from this time on, not only in Europe but also wherever European business is to be found. The solidly grounded analysis in this important book sets the new rules under BRRD into their full context as cross-border phenomena. With its crystal-clear explanation of key provisions, procedures, and ‘triggers’, the book organises a highly complex legal system into patterns and action plans that can be applied in virtually any eventuality likely to arise in cases where bank business is of central significance. Among the topics covered are the following: – entities covered by BRRD; – exceptions under BRRD; – objective and scope of BRRD tools – bail-in, bridge bank, sale of business, asset separation; – asset quality reviews; – curing or mitigating the continuing problem of non-performing loans; – new rules as response to lack of private solutions; – banks’ requirement to provide a minimum amount of eligible liabilities; – safety buffers to protect resolution; – need to be ‘resolvable’ in a worst case; – leverage and liquidity ratios; – forced mergers; – market spillover effects of recovery planning; – group recovery planning; – effects of foreign law contracts and assets; – write-down of capital instruments; and – special problems of cross-border restructuring. The presentation is enhanced by a comparative dimension, which includes reference to United States and other national developments and a full-scale analysis of Switzerland’s regulatory response to the crisis. Given that a full seamless global system of bank recovery and resolution has not yet been found, and that major banks are global players headquartered in different jurisdictions and even different continents, this book will greatly assist in the work of practitioners who must deal with cases involving international banking under the prevailing status quo. Its usefulness to officials and academics in international banking and finance law and policy, who are working towards a global solution, is of incalculable value.
Download or read book The Bank Recovery and Resolution Directive written by Patrick S. Kenadjian and published by Walter de Gruyter. This book was released on 2013-07-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is a collection of articles based on presentations given at a conference titled “The Crisis Management Directive – Europe’s Answer for Too Big to Fail?” hosted by the Institute for Law and Finance on May 3, 2012.
Download or read book Understanding Bank Recovery and Resolution in the EU written by World Bank Group and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2007 financial crisis has exposed major weaknesses in global financial systems, including the threat to financial stability posed by banks that were too big, interconnected and complex to be closed or go bankrupt. As a result, many banks have been rescued using public support, allowing for an uninterrupted provision of their services, but effectively shifting (most) of their losses to taxpayers instead of banks' owners or investors. The political realities following the bail-out of banks called for game-changing regulation to reduce both the likelihood and the impact of failure. The Banking Recovery and Resolution Directive (BRRD) became one of the most important building blocks of the Banking Union. The BRRD is the outcome of a long negotiation process. The new bank recovery and resolution framework has wide reaching implications, both within the EU but also for countries with banking relationships with the EU. This Guidebook aims to explain the scope, the principles, and the rationale of the BRRD and related secondary legislation and guidance. Expert contributors, including lawyers and academics, share in this Guidebook their experience of and insights to the BRRD negotiation process, recovery and resolution planning, adoption of resolution decisions and the negotiation of bail-in. The Guidebook also raises awareness of discretionary or non-regulated areas and provides some initial thoughts for further development and possible implementation challenges. These challenges include but are not limited to the management of potential conflict of interests, the application of the public interest test, the choice of resolution tools, and the interaction between cross-border regulations. The Guidebook, together with the accompanying case studies, should help FinSAC client countries understand the resolution process and identify the impact that the BRRD will have on their own financial systems.
Download or read book Understanding Bank Recovery and Resolution in the EU written by Weltbankgruppe and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2007 financial crisis has exposed major weaknesses in global financial systems, including the threat to financial stability posed by banks that were too big, interconnected and complex to be closed or go bankrupt. As a result, many banks have been rescued using public support, allowing for an uninterrupted provision of their services, but effectively shifting (most) of their losses to taxpayers instead of banks' owners or investors. The political realities following the bail-out of banks called for game-changing regulation to reduce both the likelihood and the impact of failure.The Banking Recovery and Resolution Directive (BRRD) became one of the most important building blocks of the Banking Union. The BRRD is the outcome of a long negotiation process. The new bank recovery and resolution framework has wide reaching implications, both within the EU but also for countries with banking relationships with the EU. This Guidebook aims to explain the scope, the principles, and the rationale of the BRRD and related secondary legislation and guidance. Expert contributors, including lawyers and academics, share in this Guidebook their experience of and insights to the BRRD negotiation process, recovery and resolution planning, adoption of resolution decisions and the negotiation of bail-in. The Guidebook also raises awareness of discretionary or non-regulated areas and provides some initial thoughts for further development and possible implementation challenges. These challenges include but are not limited to the management of potential conflict of interests, the application of the public interest test, the choice of resolution tools, and the interaction between cross-border regulations. The Guidebook, together with the accompanying case studies, should help FinSAC client countries understand the resolution process and identify the impact that the BRRD will have on their own financial systems.
Download or read book Bank Resolution written by Jens-Hinrich Binder and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Investing with Confidence written by Kevin W. Lu and published by World Bank Publications. This book was released on 2009 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coinciding with the Multilateral Investment Guarantee Agency's (MIGA) twentieth anniversary, "Investing with Confidence: Understanding Political Risk Management in the 21st Century" examines key political risk issues including claims and arbitration, perspectives on pricing from the private, public and multilateral providers, as well as exploring new frontiers in sovereign wealth funds and Islamic finance. These topics are particularly relevant for today's uncertain markets, and provide important analysis and thinking from key practioners and clients. Political risk insurance is critical to maintaining flows of foreign direct investment into developing markets; this volume offers valuable insights for practitioners and investors alike.
Download or read book Bank Recovery and Resolution written by Matthias Haentjens and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While some may claim that the European debt crisis is over, many European legislative instruments directed at crisis management in the banking sector, including Banking Union legislation, are still pending enactment. These legislative instruments, once enacted, will bring about an unprecedented harmonization of European bank insolvency law. Also, a multitude of legal disputes following the nationalization of SNS Reaal, the fourth largest bank in the Netherlands, in February 2013, are still unresolved. On 23 May 2013, the Hazelhoff Centre for Financial Law at Leiden Law School and the Netherlands Association for Comparative and International Insolvency Law (NACIIL) organized a conference on the highly topical theme of recovery and resolution of credit institutions and investment firms. The key question to which answers were sought during this conference was: 'Which rules should govern banks in difficulties?' This question has also been the Hazelhoff Centre for Financial Law's research theme for the past two years. The Hazelhoff Financial Law Series intends to deepen and further the debate on topical issues of financial law. It represents key results of the work of the Hazelhoff Centre for Financial Law at Leiden Law School. We understand financial law to encompass, inter alia, the legal aspects of financial supervision, the organization, functioning and regulation of financial markets, securities and finance transactions, market abuse, payments and payment systems, duties of care in the banking sector and bank insolvency. Another key characteristic of the work of the Hazelhoff Centre for Financial Law is our focus on the international dimension of financial law. Should you share our enthusiasm in any of these areas of the law, we are confident that you will find much of interest in the present volume.--
Download or read book Bank Recovery and Resolution written by Matthias Haentjens and published by . This book was released on 2014 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Banks have fallen insolvent since they have come into existence. The ritual act of breaking a banker's table or banca, behind which he conducted his business, used to signify this banker's insolvency. In our times, it is different. Which laws should be enforced in the bank's insolvency, is the subject of many international initiatives including those of FSB, BIS, IMF, UNCITRAL and the EU (in the form of the Bank Recovery and Resolution Directive). These initiatives are discussed both territorially and thematically.
Download or read book The Bank Recovery and Resolution Directive and the Single Resolution Mechanism written by NACIIL and published by . This book was released on 2017-03-23 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new European rules on bank insolvency seek to prevent future government-funded bailouts. Instead, risks should be internalized by the participants. The rules in the Bank Recovery and Resolution Directive and also the Single Resolution Mechanism seek to mimic the outcome of a normal insolvency procedures, without actually letting a failing institution enter full insolvency procedures. The rules enacted are of critical importance to a healthier and more stable financial sector. This book presents three reports in which the new rules are explained and criticized where needed. Professor Joossen discusses the bail-in mechanisms, while Nuijten analyses the legal protection offered to stakeholders against intervention under the Single Resolution Mechanism - or the lack thereof. Finally, Clancy considers the potential use of the new resolution tools in the context of counterparties, in particular repo and derivative counterparties to a financial institution.
Download or read book Bank Resolution and Crisis Management written by Simon Gleeson and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Bank Recovery and Resolution Directive written by Patrick S. Kenadjian and published by Walter de Gruyter. This book was released on 2013-07-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is a collection of articles based on presentations given at a conference titled The Crisis Management Directive Europe s Answer for Too Big to Fail? hosted by the Institute for Law and Finance on May 3, 2012."
Download or read book Cross Border Bank Resolution Recent Developments written by International Monetary Fund and published by International Monetary Fund. This book was released on 2014-02-06 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Bank Crisis Management and Resolution Core Features of the Bank Recovery and Resolution Directive written by Christoph Thole and published by . This book was released on 2014 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper further examines the development of the relevant mechanisms available for bank recovery and resolution, in special consideration of the recent Bank Recovery and Resolution Directive and the SRM Regulation as one part of the current regulatory activity of the EU. The Directive requires financial institutions to submit recovery and resolution planning (living wills) to the authorities and applies resolution tools, such as bail-in, transfer and assumption, bridge bank etc. These resolution tools are analyzed in comparison to ordinary bankruptcy proceedings. Albeit there being the possibility of systemic risks like the domino-effect, bankruptcy proceedings have proved to be far less of a negative option than commonly expected, especially compared to bailouts. However, considering banks are heavily regulated and that their "product" is providing financial liability itself, there is definitely a need for a level of adjustment and correction towards ordinary bankruptcy. The bail-in tool as a proposed measure by the directive considers political and systemic instabilities but it is doubtful whether fundamental bankruptcy policies, such as the pari passu principle, will be ensured in practice.
Download or read book Resolution and Insolvency of Banks and Financial Institutions written by Michael Schillig and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Optimal Bank Recovery written by Mr.C. A. E. Goodhart and published by International Monetary Fund. This book was released on 2015-09-30 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Banks’ living wills involve both recovery and resolution. Since it may not always be clear when recovery plans or actions should be triggered, there is a role for an objective metric to trigger recovery. We outline how such a metric could be constructed meeting criteria of (i) adequate loss absorption; (ii) distinguishing between weak and sound banks; (iii) little susceptibility to manipulation; (iv) timeliness; (v) scalable from the individual bank to the system. We show how this would have worked in the U.K., during 2007–11. This approach has the added advantage that it could be extended to encompass a whole ladder of sanctions of increasing severity as capital erodes.
Download or read book The Impact of the Bank Recovery and Resolution Directive s BRRD Bail in Tool on Covered Bonds written by Verónica Pollaková and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bail in Mechanisms in the Bank Recovery and Resolution Directive written by Bart Joosen and published by . This book was released on 2014 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the adoption of the ...
