The Legal Aspects Of Bank Insolvencya Comparative Analysis Of Western Europe The United States And Canada

Author : Eva Helene Gertrude Hüpkes
Publisher : Springer
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.20/5 ( download)

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Download or read book The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada written by Eva Helene Gertrude Hüpkes and published by Springer. This book was released on 2000-09-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Eva Hupkes
Publisher : Springer
ISBN 13 : 9789041197696
Total Pages : 218 pages
Book Rating : 4.99/5 ( download)

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Download or read book The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada written by Eva Hupkes and published by Springer. This book was released on 2000-09-08 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Matthias Haentjens
Publisher :
ISBN 13 : 9789462362161
Total Pages : 204 pages
Book Rating : 4.65/5 ( download)

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Download or read book New Bank Insolvency Law for China and Europe written by Matthias Haentjens and published by . This book was released on 2021 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Neil Francis Hannan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.25/5 ( download)

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Download or read book Do Words Matter? written by Neil Francis Hannan and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law on Cross-Border Insolvency was designed to be enacted as a domestic law in the States in which it was enacted. There has been no consistency in the way Australia, Canada, New Zealand, the UK and the USA have incorporated the Model Law into their domestic law. This thesis looks at four central questions in relation to the Model Law by comparing the situation in each of the five States examined: 1. Does the inconsistent wording adopted in the enactment of the Model Law affect it is interpretation? 2. Would an insolvent debtor with assets in each of the States examined or their foreign representative be treated consistently between those jurisdictions? 3. Do the inconsistencies prevent the principles of modified universalism from being achieved? 4. Has the Model Law achieved its stated objectives as set out in its preamble? This thesis establishes that (a) the inconsistent wording adopted in the enactment of the Model Law has created inconsistency in its interpretation; (b) an insolvent debtor with assets in each of the States examined or a foreign representative may be treated inconsistently between those States due in part to the inconsistencies in the enactment of the Model Law between those jurisdictions; (c) the Model Law in each of the jurisdictions is generally consistent with the principles of modified universalism; and (d) the Model Law does not at present fully achieve its all of its objectives as set out in its preamble. This thesis proposes a convention as a possible solution to the identified problems. A draft is provided in Appendix 4.

Author : Matej Marinč
Publisher : Springer Science & Business Media
ISBN 13 : 3642218075
Total Pages : 170 pages
Book Rating : 4.71/5 ( download)

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Download or read book The Economics of Bank Bankruptcy Law written by Matej Marinč and published by Springer Science & Business Media. This book was released on 2011-09-18 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007–2009 financial crisis.

Author : Matthias Haentjens
Publisher : Edward Elgar Publishing
ISBN 13 : 1783474238
Total Pages : 640 pages
Book Rating : 4.33/5 ( download)

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Download or read book Research Handbook on Crisis Management in the Banking Sector written by Matthias Haentjens and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank’s counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.

Author : Mario P. Chiti
Publisher : Springer
ISBN 13 : 303013475X
Total Pages : 434 pages
Book Rating : 4.54/5 ( download)

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Download or read book The Palgrave Handbook of European Banking Union Law written by Mario P. Chiti and published by Springer. This book was released on 2019-05-16 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook analyses the European Banking Union legal framework focusing on legislative acts (regulations and directives), case law and the resolution procedures. In addition, it will pay attention to the division of responsibilities between the ECB and the national authorities, with special attention to the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). To give a more complete picture, the book will also cover the implementation of European Deposit Insurance Scheme (so called third pillar) still under construction, and appeal to academics, researchers and students of banking and financial law.

Author : Andrew Campbell
Publisher : Routledge
ISBN 13 : 135172438X
Total Pages : 217 pages
Book Rating : 4.88/5 ( download)

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Download or read book Banks in Crisis written by Andrew Campbell and published by Routledge. This book was released on 2017-11-30 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: A detailed and critical analysis of the various legal problems that arise when banks are in serious financial difficulty, Banks in Crisis offers an invaluable, international perspective on the concept and causes of bank failure. It takes an authoritative and much-needed look at a number of key issues including: - Effective bank regulation as an instrument in the possible prevention of banking crises, with particular reference to the role of the Financial Services Authority in the UK, and the impact of the Financial Services and Markets Act 2000 - The role of the Bank of England in the new regulatory landscape, with particular reference to its function as lender of last resort - The legal controls on those involved in the management of banks - Insolvency procedures and bank liquidation - The use of depositor protection schemes. By drawing conclusions and weighing up the methods available to promote stability, prevent failure and promote rescues where appropriate, Banks in Crisis is an essential read and a welcome addition to this crucial area of research.

Author : Kayode Akintola
Publisher : Taylor & Francis
ISBN 13 : 1000823636
Total Pages : 169 pages
Book Rating : 4.39/5 ( download)

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Download or read book Bank Insolvency Law in Developing Economies written by Kayode Akintola and published by Taylor & Francis. This book was released on 2022-12-30 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.

Author : David H. Carpenter
Publisher : The Capitol Net Inc
ISBN 13 : 1587332213
Total Pages : 333 pages
Book Rating : 4.10/5 ( download)

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Download or read book Recession, Depression, Insolvency, Bankruptcy, and Federal Bailouts written by David H. Carpenter and published by The Capitol Net Inc. This book was released on with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: