New Bank Insolvency Law for China and Europe

New Bank Insolvency Law for China and Europe PDF Author: Qingjiang Kong
Publisher:
ISBN: 9789462367371
Category : Bank failures
Languages : en
Pages : 0

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Book Description
This is the second volume of a new series on 'New Bank Insolvency Law for China and Europe'. The current volume provides a comprehensive analysis of the current EU bank insolvency framework, discusses future developments in the field of EU bank insolvency law, and investigates relevant Dutch, German and English rules and practice. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules that govern the recovery and resolution of banks. [Subject: Insolvency Law, Chinese Law, Commercial Law, Banking Law]

New Bank Insolvency Law for China and Europe

New Bank Insolvency Law for China and Europe PDF Author: Qingjiang Kong
Publisher:
ISBN: 9789462367371
Category : Bank failures
Languages : en
Pages : 0

Get Book Here

Book Description
This is the second volume of a new series on 'New Bank Insolvency Law for China and Europe'. The current volume provides a comprehensive analysis of the current EU bank insolvency framework, discusses future developments in the field of EU bank insolvency law, and investigates relevant Dutch, German and English rules and practice. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules that govern the recovery and resolution of banks. [Subject: Insolvency Law, Chinese Law, Commercial Law, Banking Law]

New Bank Insolvency Law for China and Europe

New Bank Insolvency Law for China and Europe PDF Author: Qingjiang Kong
Publisher:
ISBN: 9789462367432
Category : Bank failures
Languages : en
Pages : 0

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Book Description
This is Volume one of a new series on 'New Bank Insolvency Law for China and Europe'. This volume provides a comprehensive analysis of the current Chinese bank insolvency framework, and discusses future developments in the field of Chinese bank insolvency law. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules that govern the recovery and resolution of banks. [Subject: Insolvency Law, Chinese Law, Commercial Law, Banking Law]

New Bank Insolvency Law for China and Europe

New Bank Insolvency Law for China and Europe PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description


New Bank Insolvency Law for China and Europe

New Bank Insolvency Law for China and Europe PDF Author: Matthias Haentjens
Publisher:
ISBN: 9789462362161
Category : Bank failures
Languages : en
Pages : 204

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Book Description
This is the third and final volume in the 'New Bank Insolvency Law for China and Europe' series. The current volume provides a detailed comparison of Chinese and European bank insolvency and resolution laws. Moreover, it assesses to what extent these laws conform to international standards such as those set by the Financial Stability Board. Specific topics discussed in the book include: the institutional framework for the management of failing banks, insolvency proceedings, management of the institutions, bail-in, the treatment of contractual arrangements and automatic stays, judicial review, deposit guarantee schemes, and cross-border issues. This volume also discusses future developments in the field of EU bank insolvency law, and investigates relevant Dutch, German and English rules and practice.

New Bank Insolvency Law for China and Europe

New Bank Insolvency Law for China and Europe PDF Author: Qingjiang Kong
Publisher:
ISBN: 9789462367432
Category :
Languages : en
Pages : 116

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Book Description


The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada

The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada PDF Author: Eva Helene Gertrude Hüpkes
Publisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 216

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Book Description
Until recent years, formal bank insolvency proceedings were rare occurrences, with governments more often than not coming to the rescue of failing banks. As a result, few studies relating to bank failure have paid much attention to the regulatory framework for failing banks and the conduct of formal bank insolvency proceedings. However, in the aftermath of the Asian financial crisis, more attention has been focused on issues of bank insolvency. Structural reforms in the banking sector of various Asian countries, in particular the implementation of effective exit rules to expel insolvent and non-viable banks from the market, have been considered of primary importance to restoring confidence in the troubled banking sector. In addition, the ability of governments within the European Union to rescue insolvent banks has been significantly limited by strict rules on competition, suggesting that failing banks will become increasingly subject to insolvency proceedings. The Legal Aspects of Bank Insolvency compares the legal framework for dealing with insolvent banks in Western Europe, the United States and Canada, identifying the distinctive features of each regime and discussing the main issues and choices in dealing with failing banks. It also examines the implications of a cross-border bank insolvency, and considers different approaches to the problems it raises, including the supranational approach of the proposed European Directive on the Reorganization and Winding-up of Credit Institutions. This work will be of value to lawmakers, to consultants and scholars engaged in technical assistance work, and to those who advise the legislators and officials involved in devising a legal framework for bank insolvency. It will also be of interest to practitioners and in-house counsel working in the field of banking and corporate law.

Recognition of Foreign Bank Resolution Actions

Recognition of Foreign Bank Resolution Actions PDF Author: Guo, Shuai
Publisher: Edward Elgar Publishing
ISBN: 1802200568
Category : Law
Languages : en
Pages : 352

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Book Description
This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.

Research Handbook on Cross-Border Bank Resolution

Research Handbook on Cross-Border Bank Resolution PDF 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.

Creditor Priority in European Bank Insolvency Law

Creditor Priority in European Bank Insolvency Law PDF Author: Sjur Swensen Ellingsaeter
Publisher:
ISBN: 9781509953684
Category : Banking law
Languages : en
Pages : 0

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Book Description
This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority--the order in which different creditors bear losses should a bank fail--differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.

Creditor Priority in European Bank Insolvency Law

Creditor Priority in European Bank Insolvency Law PDF Author: Sjur Swensen Ellingsæter
Publisher: Bloomsbury Publishing
ISBN: 1509953663
Category : Law
Languages : en
Pages : 301

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Book Description
This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.