The Co-ordination of Cross-border Bank Insolvency PDF Download
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 93
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Book Description
Dodd-Frank Act -- Cross-border Insolvency Act -- SADC -- Cross-border bank insolvency -- Extraterritorial jurisdiction.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 93
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Book Description
Dodd-Frank Act -- Cross-border Insolvency Act -- SADC -- Cross-border bank insolvency -- Extraterritorial jurisdiction.
Author: International Monetary Fund. Legal Dept.
Publisher: International Monetary Fund
ISBN: 1498337260
Category : Business & Economics
Languages : en
Pages : 36
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Book Description
In March 2009, the Fund established a new Framework Administered Account to administer external financial resources for selected Fund activities (the “SFA Instrument”). The financing of activities under the terms of the SFA Instrument is implemented through the establishment and operation of a subaccount within the SFA. This paper requests Executive Board approval to establish the AFRITAC Central subaccount under the terms of the SFA Instrument.
Author: Matthias Haentjens
Publisher: Edward Elgar Publishing
ISBN: 1786435985
Category : Law
Languages : en
Pages : 448
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Book Description
Since 2008, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. Whereas much may have been achieved on regional levels, this has not been perfect, and many global challenges remain unsolved. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for cross-border bank crises with contributions from eminent experts from the US, EU, Japan and China. The topic is addressed from both economic, and legal perspectives, with a special section devoted to real-life cases.
Author: Gerard Caprio
Publisher: World Scientific
ISBN: 9812568298
Category : Social Science
Languages : en
Pages : 491
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Book Description
Cross-border banking, while having the potential for a more efficient financial sector, also creates potential challenges for bank supervisors and regulators. This volume discusses topics that include: the landscape of cross-border bank activity, the resulting competitive implications, emerging challenges for prudential regulation, and more. Cross-border banking, while having the potential for a more efficient financial sector, also creates potential challenges for bank supervisors and regulators. It requires cooperation by regulatory authorities across jurisdictions and a clear delineation of authority and responsibility. That delineation is typically not present and regulatory authorities often have significantly different incentives to respond when cross-border-active banks encounter difficulties. Most of these issues have only begun to be seriously evaluated. This volume, one of the first attempts to address these issues, brings together experts and regulators from different countries. The wide range of topics discussed include: the current landscape of cross-border bank activity, the resulting competitive implications, emerging challenges for prudential regulation, safety net concerns, failure resolution issues, and the potential future evolution of international banking.
Author: Federico Lupo-Pasini
Publisher:
ISBN:
Category :
Languages : en
Pages : 35
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Book Description
Bail-in is quickly becoming a predominant approach to banking resolution. The EU Bank Recovery Resolution Directive and the US Federal Deposit Insurance Corporation's single point of entry strategy envisage creditors' recapitalisations to resolve a failing financial institution. However, this legislation focuses on the domestic aspects of bail-in, leaving the question of how it is applied to a cross-border banking group open. Cross-border banking resolution has been historically subject to coordination failures, which have resulted in disorderly resolutions with dangerous systemic effects. The goal of this article is to assess whether bail-in is subject to the same coordination problems that affect other resolution tools, and to discuss the logic of international legal cooperation in bail-in policies. We demonstrate that, in spite of the evident benefit in terms of fiscal sustainability, bail-in suffers from complex coordination problems which, if not addressed, might lead to regulatory arbitrage and lengthy court battles, and, ultimately, may disrupt resolutions. We argue that only a binding legal regime can address those problems. In doing so, we discuss the recent Financial Stability Board's proposal on cross-border recognition of resolution action, and the role of international law in promoting cooperation in banking resolution.
Author: Irit Mevorach
Publisher: Oxford University Press
ISBN: 0191085731
Category : Law
Languages : en
Pages : 262
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Book Description
A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a framework for improving its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing the mechanisms for managing the insolvency of multinational enterprises and financial institutions. The book considers the effectiveness of the current system and identifies the gaps that could be bridged by adopting certain strategies and tools, to improve the system further. The book first discusses the theoretical debate regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method-modified universalism in its application to both commercial entities and financial institutions, consequently identifying a single set of emerging norms. The book argues that adhering to these norms more robustly would enhance global welfare and produce the best outcomes for businesses and institutions. By drawing upon sources from international law as well as behavioural and economic theory, the book offers a blueprint for meeting the demands of future cross-border insolvencies. It considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency as well as the impact that instrument design has on decisions and choices. It explores how to encourage compliance and proposes mechanisms that could potentially overcome, or at least take into account, behavioural biases in decision-making.
Author: Jens-Hinrich Binder
Publisher:
ISBN:
Category :
Languages : en
Pages : 20
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Book Description
Substantial progress has been made, both within the Eurozone and the EU generally, with regard to the legal and institutional arrangements for cross-border bank resolution. The new framework, modeled after the FSB's "Key Attributes of Effective Resolution Regimes for Financial Institutions" certainly reflects a very strong commitment to cooperative rather than "isolationist" approaches (such as the ring-fencing of foreign-owned branches in insolvency). The paper evaluates the relevant provisions under both the Bank Recovery and Resolution Directive of 2014 and the Single Resolution Mechanism Regulation in the light of past precedents. It argues that the mere existence of this new framework does not remove residual conflicts in the economic interests of the different jurisdictions involved in cross-border cases. Only future practice will show how these conflicts can be balanced out - and whether the Eurozone, with centralised decision-making by the SRB, will compare favourably against the rest of the EU in this regard. Very likely, the cooperation arrangements as such will have to be complemented by further improvements in terms of the predictability of economic outcomes in order for Member States to submit themselves without reservations to full and unreserved cooperation over time. Even then (somewhat ironically, given the long-standing harmonisation of recognition standards within the EU), the potential for obstructions by national courts, as evidenced by recent court decisions in Germany and the United Kingdom, could yet become a severe, unforeseen source of obstacles to coherent and consistent resolution actions both within the Eurozone and the EU as a whole.
Author: Rosa Lastra
Publisher: OUP Oxford
ISBN: 9780199577071
Category : Law
Languages : en
Pages : 0
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Book Description
Bringing together distinguished insolvency and banking law experts, this book provides a unique analysis of the legal issues associated with cross-border bank insolvency in the light of the financial crisis, including aspects of economics and an inter-jurisdictional approach combining national, European, and international dimensions.
Author: Viliam Kutenic
Publisher:
ISBN:
Category :
Languages : en
Pages : 104
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Book Description
Author: Remigijus Jokubauskas
Publisher: Taylor & Francis
ISBN: 1040025269
Category : Law
Languages : en
Pages : 196
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Book Description
This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.
