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Author: Yves Mauchle
Publisher: Kluwer Law International B.V.
ISBN: 9041190252
Category : Law
Languages : en
Pages : 496
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Book Description
As opposed to a bank bailout, a bail-in occurs when creditors are forced to bear some of the burden of bank failure. The principal aim of this restructuring tool is to eliminate some of the risk for taxpayers. Several jurisdictions, including Switzerland and the European Union (EU), have adopted legal provisions regarding the bail-in, but until this, book literature on its implementation has been scarce. Offering a detailed and comparative analysis of EU and Swiss law relating to bail-ins and their economic impact, this is the first book to provide in-depth coverage of this new method of dealing with the failure of systemically important banks. In its contextualisation and analysis of the bail-in resolution tool, the book identifies and discusses the legal and economic issues that arise, including such aspects as the following: – the legal and economic properties of bail-in capital; ? the regulatory standard on total loss-absorbing capacity (TLAC) issued by the Financial Stability Board (FSB); ? the scope and sequence of liabilities subjected to bail-in; ? the legal position of stakeholders affected by a bail-in; ? strategies and procedures for the implementation of a bail-in; ? the limited circumstances under which government rescues should be available; and ? cross-jurisdictional issues and aspects of international cooperation. As well as case studies and analyses of legal issues with particular reference to Swiss law and the European Bank Resolution and Recovery Directive (2014/59/EU), the author applies economic concepts to the analysis of the law. International developments, in particular standards issued by leading regulatory bodies, are also covered. This book will be welcomed by legal practitioners working in banks and in banking regulation and by policymakers seeking information on the practical issues involved. As a detailed analysis of a new and highly significant development in banking law, it will also be of great interest to academics.
Author: Yves Mauchle
Publisher: Kluwer Law International B.V.
ISBN: 9041190252
Category : Law
Languages : en
Pages : 496
Get Book Here
Book Description
As opposed to a bank bailout, a bail-in occurs when creditors are forced to bear some of the burden of bank failure. The principal aim of this restructuring tool is to eliminate some of the risk for taxpayers. Several jurisdictions, including Switzerland and the European Union (EU), have adopted legal provisions regarding the bail-in, but until this, book literature on its implementation has been scarce. Offering a detailed and comparative analysis of EU and Swiss law relating to bail-ins and their economic impact, this is the first book to provide in-depth coverage of this new method of dealing with the failure of systemically important banks. In its contextualisation and analysis of the bail-in resolution tool, the book identifies and discusses the legal and economic issues that arise, including such aspects as the following: – the legal and economic properties of bail-in capital; ? the regulatory standard on total loss-absorbing capacity (TLAC) issued by the Financial Stability Board (FSB); ? the scope and sequence of liabilities subjected to bail-in; ? the legal position of stakeholders affected by a bail-in; ? strategies and procedures for the implementation of a bail-in; ? the limited circumstances under which government rescues should be available; and ? cross-jurisdictional issues and aspects of international cooperation. As well as case studies and analyses of legal issues with particular reference to Swiss law and the European Bank Resolution and Recovery Directive (2014/59/EU), the author applies economic concepts to the analysis of the law. International developments, in particular standards issued by leading regulatory bodies, are also covered. This book will be welcomed by legal practitioners working in banks and in banking regulation and by policymakers seeking information on the practical issues involved. As a detailed analysis of a new and highly significant development in banking law, it will also be of great interest to academics.
Author: Misa Tanaka
Publisher:
ISBN:
Category :
Languages : en
Pages : 37
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Book Description
This paper develops a model to analyse the optimal ex-ante capital and total loss absorbing capacity (TLAC) requirements, and the ex-post resolution policy of banks. Banks in our model are subject to two types of moral hazard: i) ex-ante, they have the incentive to shirk on project monitoring, thus increasing the risk of failure, and ii) ex-post, poorly capitalised banks have the incentive to engage in asset substitution by 'gambling for resurrection'. Ex-ante moral hazard can be eliminated by ensuring that banks have sufficient capital and uninsured 'bail-inable' debt, while ex-post moral hazard is mitigated by triggering resolution when the minimum capital requirement is breached. We argue that optimal regulation consists of a high TLAC requirement and high capital buffer. Our analysis also suggests that higher system-wide risk would call for a higher capital buffer, but TLAC could be lowered if it does not jeopardise the credibility of bail-in itself.
Author: PAUL. NEWSON
Publisher:
ISBN: 9781782723257
Category : Banks and banking
Languages : en
Pages : 255
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Book Description
Author: Jihad Dagher
Publisher: International Monetary Fund
ISBN: 1513539337
Category : Business & Economics
Languages : en
Pages : 38
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Book Description
The appropriate level of bank capital and, more generally, a bank’s capacity to absorb losses, has been at the core of the post-crisis policy debate. This paper contributes to the debate by focusing on how much capital would have been needed to avoid imposing losses on bank creditors or resorting to public recapitalizations of banks in past banking crises. The paper also looks at the welfare costs of tighter capital regulation by reviewing the evidence on its potential impact on bank credit and lending rates. Its findings broadly support the range of loss absorbency suggested by the Financial Stability Board (FSB) and the Basel Committee for systemically important banks.
Author: Mr.Giovanni Dell'Ariccia
Publisher: International Monetary Fund
ISBN: 1484359623
Category : Business & Economics
Languages : en
Pages : 54
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Book Description
This paper reviews empirical and theoretical work on the links between banks and their governments (the bank-sovereign nexus). How significant is this nexus? What do we know about it? To what extent is it a source of concern? What is the role of policy intervention? The paper concludes with a review of recent policy proposals.
Author: Francis Vitek
Publisher: International Monetary Fund
ISBN: 1484350707
Category : Business & Economics
Languages : en
Pages : 136
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Book Description
This paper documents the theoretical structure and empirical properties of the latest version of the Global Macrofinancial Model (GFM). This dynamic stochastic general equilibrium model of the world economy, disaggregated into forty national economies, was developed to support multilaterally consistent macrofinancial policy, risk and spillover analysis. It features a range of nominal and real rigidities, extensive macrofinancial linkages, and diverse spillover transmission channels. These macrofinancial linkages encompass bank and capital market based financial intermediation, with financial accelerator mechanisms linked to the values of the housing and physical capital stocks. A variety of monetary policy analysis, fiscal policy analysis, macroprudential policy analysis, spillover analysis, and forecasting applications of the GFM are demonstrated. These include quantifying the monetary, fiscal and macroprudential policy transmission mechanisms, accounting for business cycle fluctuations, and generating relatively accurate forecasts of inflation and output growth.
Author: Luca Amorello
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The framing of 'bail-in' as a key resolution tool within the body of the Bank Recovery and Resolution Directive (“BRRD”) has been hailed by many as the end of public bail-outs. For its effective functioning, policymakers and private counterparties have battled to renovate the liability side of banks' balance sheets so as to boost the loss absorbing capacity of these financial institutions. In the EU this aim has been achieved through the enactment of specific prudential rules. These rules provide for the establishment of a minimum buffer of debt instruments -- so-called 'Minimum Requirement for Eligible Liabilities' (“MREL”) -- to be wiped out or converted into equity in the event of bank's default. Similarly, the Financial Stability Board (“FSB”) has drafted some international standards demanding global banks to have in their balance sheets a sufficient amount of certain debt instruments having 'total loss-absorbing capacity' to be used for bail-in purpose. Over the last years EU banks have begun issuing MREL/TLAC eligible instruments in the primary market, so as to comply with the new prudential requirements. In the meantime, the European Central Bank (“ECB”) is playing a prominent role in the secondary market, as bank bonds are still considered eligible collateral for monetary policy main refinancing operations. Against this backdrop, the ECB seems to be assuming on its balance sheet the exponential risk of being bailed-in as a subordinated bondholder. In addition, current discussions upon the extension of the quantitative easing program so as to include bank unsecured bonds may add further concern. Without legal provisions preventing central banks to be treated as a subordinated bondholder, this might turn the ECB in a major banks' losses absorber, thereby revamping events of de facto bail-outs and covered bank recapitalization. The purpose of this paper is to examine the legal ties existing between the EU bail-in rules and the monetary policy framework, shedding light upon the economic and legal implications that MREL/TLAC instruments may have in the ECB's market operations. In doing that we will assess whether -- and to what extent -- the ECB is potentially bearing the risk of being bailed-in in the event of bank's failures.
Author: José Abad
Publisher: International Monetary Fund
ISBN: 1616358939
Category : Business & Economics
Languages : en
Pages : 61
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Book Description
Following the COVID shock, supervisors encouraged banks to use capital buffers to support the recovery. However, banks have been reluctant to do so. Provided the market expects a bank to rebuild its buffers, any draw-down will open up a capital shortfall that will weigh on its share price. Therefore, a bank will only decide to use its buffers if the value creation from a larger loan book offsets the costs associated with a capital shortfall. Using market expectations, we calibrate a framework for assessing the usability of buffers. Our results suggest that the cases in which the use of buffers make economic sense are rare in practice.
Author: Mr.Giovanni Dell'Ariccia
Publisher: International Monetary Fund
ISBN: 1484341007
Category : Business & Economics
Languages : en
Pages : 42
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Book Description
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.
Author: Alexander Michaelides
Publisher: World Scientific
ISBN: 1783268778
Category : Political Science
Languages : en
Pages : 365
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Book Description
On June 28th 2012, the small island of Cyprus became the fifth government to request an economic bail-out from the Eurozone after losing access to international capital markets. Less than a year later, a €10 billion second rescue deal was agreed upon — an unprecedented agreement that bailed in creditors of Cyprus' two largest banks, and triggered an economic crisis that the nation still struggles to recover from today.This resourceful collection of essays provides a thorough and in depth analysis of how Cyprus reached the point of failure and what lessons this experience holds for future economic crises. The various perspectives collectively address unanswered questions, including whether the bail-in can be considered successful, why the recession was less severe than expected, and what conclusions can be drawn about stress-testing exercises across borders.Focusing on one of the (proportionately) largest crises in financial history, the case study will prove essential to policy-makers and politicians, especially in the euro area.
