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The Legal Aspects of Bank Insolvency : A Comparative Analysis of Western Europe, the United States and Canada :  A Comparative Analysis of Western Europe, the United States and Canada - Eva H.G. Hupkes

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

A Comparative Analysis of Western Europe, the United States and Canada

Hardcover Published: September 2000
ISBN: 9789041197696
Number Of Pages: 224

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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.

Table of Abbreviations
Table of Legal Instruments Cited
Table of Legal Decisions Cited
Acknowledgments
About the Author
Introductionp. 1
Overviewp. 5
The Specialness of Banks - Implications for the Legal and Institutional Frameworkp. 7
The Specialness of Banksp. 7
Implications for a Bank Insolvency Frameworkp. 12
The Legal and Institutional Frameworkp. 17
Enforcement of Prudential Regulationsp. 31
Action Against the Bankp. 31
Action against Senior Bank Officials and Large Shareholdersp. 41
Withdrawal of the Banking Licensep. 45
The Legal Framework for Bank Insolvencyp. 49
Key Conceptsp. 49
Regulatory Action for Dealing with Banks in Crisisp. 54
Court-Administered Insolvency Proceedingsp. 67
Resolution of Bank Insolvenciesp. 83
Reorganizationp. 83
Divestiture of Owners - Winding-Up Measuresp. 88
State Assistancep. 96
Control of Bank Regulatory Decisionsp. 107
Administrative Reviewp. 107
Judicial Controlp. 111
Liability of the Banking Supervisory Authorityp. 123
The Nature and Legal Basisp. 123
Grounds for Liabilityp. 125
Multinational Bank Insolvencyp. 139
Legal Issues Arising in the Failure of a Multinational Bankp. 140
A Supranational Approach to Multinational Bank Insolvenciesp. 163
Conclusionp. 172
Select Bibliographyp. 175
Indexp. 183
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041197696
ISBN-10: 9041197699
Series: Studies in Comparative Corporate and Financial Law
Audience: General
Format: Hardcover
Language: English
Number Of Pages: 224
Published: September 2000
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 1.27
Weight (kg): 0.47

Earn 508 Qantas Points
on this Book