Description
Book SynopsisThis volume is the definitive work on banking sector crisis management. It covers all recent legislative developments and it provides cognate analysis by leading experts on matters covering the whole spectrum of bank crisis management, ranging from early intervention and provision of emergency liquidity assistance by the central bank to group resolution and the workings of the Single Resolution Mechanism. Additionally, country reports of all major jurisdictions such as Australia, the US, UK, Germany, Japan and China provide comprehensive overviews of the current state. It will prove an invaluable companion to all those seeking to demystify this most complex area of legal and regulatory practice.'
- Emilios Avgouleas, University of Edinburgh, UK
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.
Contributors include: J. Adriaanse, D. Bernstein, V. Borger, A. Bornemann, W. Bosma, A. Campbell, A. Carr, B. Clarke, P. Davies, T. Dijkhuizen, P. Durban, J. Gabilondo, F. Garcimartín, M. Haentjens, T. Hayashi, T.F. Huertas, B.P.M. Joosen, S. Kaltsouni, Q. Kong, R. Mason, P. Moffatt, M. Murray, P. Rank, J.-P. van der Rest, M.I. Saez, R.A. Sahni, M. Schillig, D. Schoenmaker, J. Sluysmans, M. Timmer, N. van Triet, V. Troiano, T. Verdoes, L. Verrill, B. Wessels, S. Yonghui, G.S. Zavvos
Trade Review‘This volume is the definitive work on banking sector crisis management. It covers all recent legislative developments and it provides cognate analysis by leading experts on matters covering the whole spectrum of bank crisis management, ranging from early intervention and provision of emergency liquidity assistance by the central bank to group resolution and the workings of the Single Resolution Mechanism. Additionally, country reports of all major jurisdictions such as Australia, the US, UK, Germany, Japan and China provide comprehensive overviews of the current state. It will prove an invaluable companion to all those seeking to demystify this most complex area of legal and regulatory practice.’ -- Emilios Avgouleas, University of Edinburgh, UK
Table of ContentsContents: PART I INTRODUCTORY CHAPTERS 1. Too Big to Fail: A Policy’s Beginning, Middle and End (?) Thomas F. Huertas 2. Central Banks, Systemic Lending, and Collateral Markets José Gabilondo 3. A Fiscal Backstop to the Banking System Dirk Schoenmaker 4. Large Scale Bank Insolvencies and the Challenges Ahead Andrew Campbell and Paula Moffatt PART II EU AUTHORITIES PERSPECTIVE 5. The EU Resolution Toolbox Michael Schillig 6. Cross-border Cooperation between Resolution Authorities in the BRRD Vincenzo Troiano 7. The Single Resolution Mechanism in the European Banking Union: Legal Foundation, Governance Structure and Financing George S. Zavvos and Stella Kaltsouni 8. The European Stability Mechanism, A Crisis Tool Operating at Two Junctures Vestert Borger PART III BANK PERSPECTIVE 9. Regulatory Capital Requirements and Bail in Mechanisms Bart P.M. Joosen 10. Rescuing Banks in Crisis: Towards a Theoretical Turnaround Management Perspective Jan Adriaanse, Jean-Pierre van der Rest and Tim Verdoes 11. Resolution of Cross-border Groups Paul Davies 12. Bank Structural Reform: Too Big to Fail, Too Big to Save and Too Complex to Manage, Supervise and Resolve? Alexandria Carr 13. Implications for the Corporate Governance Structures of Banks Tom Dijkhuizen PART IV COUNTERPARTY PERSPECTIVE 14. Set-off, Netting and Close-out Netting Francisco Garcimartín and Maria Isabel Saez 15. Deposit Guarantee Schemes Blanaid Clarke 16. Legal and Operational Segregation of Securities: Derivatives and Cash Matthias Haentjens and Pim Rank 17. The Rule of Law: Protection of Property Jacques Sluysmans, Willem Bosma, Matthijs Timmer and Nikky van Triet PART V COUNTRY REPORTS 18. Australia Rosalind Mason and Michael Murray 19. China Qingjiang Kong and Sun Yinghui 20. Germany Alexander Bornemann 21. Japan: Regulatory Development of the Banking Resolution Regime Tomoaki Hayashi 22. United Kingdon (England and Wales) Louise Verrill and Paul Durban 23. United States Donald Bernstein and Reena Agrawal Sahni PART VI CONCLUSIONS 24. Conclusions Matthias Haentjens and Bob Wessels Index
