Resolution and Insolvency of Banks and Financial Institutions

The book discusses the legal mechanisms available in the EU and the United States to deal with banks and other financial institutions that are in financial distress. It 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.

Zusatztext The book is a great reference on bank resolution for academics and practitioners. It provides a thorough and in-depth discussion of resolution regimes and tools, covering a wide range of issues that have not yet been examined in the literature. Informationen zum Autor Dr Michael Schillig is Reader in International Commercial and Financial Law at The Dickson Poon School of Law, King's College London. Michael read law at the University of Erlangen-Nuremberg, obtained his LL.M. from King's College London and his Dr.iur. from Humboldt University Berlin. Michael's research interests lie broadly in the areas of transnational, European and comparative commercial law with particular emphasis on contract, company and corporate insolvency law. He has published widely in these areas. Klappentext This book provides a detailed analysis and critical assessment of the EU and US resolution regimes for banks and financial institutions on a comparative basis. The book analyses the EU legal framework under the Bank Recovery and Resolution Directive, and considers the challenges in national implementation through the two largest economies within the EU, Germany and the UK. The very influential laws of the US, (Securities Investor Protection Act 1970, and the Wall Street Reform and Consumer Protection Act: Dodd-Franck) are used as a comparative reference point. Through analysis of the new EU framework and of the more mature system in the US, the book considers whether and to what extent the EU framework and national regimes contribute to ensuring resolvability of financial institutions, how their efficacy may be increased with a view, in particular, to the resolution of cross border groups, and what the future may hold, especially in respect of a single European resolution authority. Zusammenfassung The book discusses the legal mechanisms available in the EU and the United States to deal with banks and other financial institutions that are in financial distress. It 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. Inhaltsverzeichnis Part I: Crisis Management in Context 1: Financial Reform after the Crisis: An Overview 2: Financial Stability, Systemic Risk and Taxpayers' Money - The Rationale for a Special Resolution Regime 3: Banking Sector and Corporate Structures - the Scope of the Recovery and Resolution Frameworks 4: Judicial Review Part II: Preparation and Prevention 5: Institutional Architecture 6: Recovery and Resolution Planning 7: Early Intervention Part III: Resolution Tools and Powers 8: Overview and General Preconditions 9: Private Sector Transfer, Bridge Bank and Asset Separation 10: Bail-in/Debt Write Down 11: Deposit Insurance and Resolution Funding Part IV: Bank Insolvency Procedures 12: Resolution and Corporate Insolvency 13: Corporate Rescue and Reorganisation 14: Winding Up and Liquidation Part V: The International Dimension 15: The International Dimension - Cross-Border Groups ...

Autorentext

Dr Michael Schillig is Reader in International Commercial and Financial Law at The Dickson Poon School of Law, King's College London. Michael read law at the University of Erlangen-Nuremberg, obtained his LL.M. from King's College London and his Dr.iur. from Humboldt University Berlin. Michael's research interests lie broadly in the areas of transnational, European and comparative commercial law with particular emphasis on contract, company and corporate insolvency law. He has published widely in these areas.

Klappentext

This book provides a detailed analysis and critical assessment of the EU and US resolution regimes for banks and financial institutions on a comparative basis.

The book analyses the EU legal framework under the Bank Recovery and Resolution Directive, and considers the challenges in national implementation through the two largest economies within the EU, Germany and the UK. The very influential laws of the US, (Securities Investor Protection Act 1970, and the Wall Street Reform and Consumer Protection Act: Dodd-Franck) are used as a comparative reference point.

Through analysis of the new EU framework and of the more mature system in the US, the book considers whether and to what extent the EU framework and national regimes contribute to ensuring resolvability of financial institutions, how their efficacy may be increased with a view, in particular, to the resolution of cross border groups, and what the future may hold, especially in respect of a single European resolution authority.

Inhalt

• Part I: Crisis Management in Context

• 1: Financial Reform after the Crisis: An Overview

• 2: Financial Stability, Systemic Risk and Taxpayers' Money - The Rationale for a Special Resolution Regime

• 3: Banking Sector and Corporate Structures - the Scope of the Recovery and Resolution Frameworks

• 4: Judicial Review

• Part II: Preparation and Prevention

• 5: Institutional Architecture

• 6: Recovery and Resolution Planning

• 7: Early Intervention

• Part III: Resolution Tools and Powers

• 8: Overview and General Preconditions

• 9: Private Sector Transfer, Bridge Bank and Asset Separation

• 10: Bail-in/Debt Write Down

• 11: Deposit Insurance and Resolution Funding

• Part IV: Bank Insolvency Procedures

• 12: Resolution and Corporate Insolvency

• 13: Corporate Rescue and Reorganisation

• 14: Winding Up and Liquidation

• Part V: The International Dimension

• 15: The International Dimension - Cross-Border Groups