Legal Aspects of Regulatory Treatment of Banks in Distress / T. Asser.

Format:

Book

Government document

Author/Creator:

Asser, T.

Contributor:

International Monetary Fund.

Series:

Books

Language:

English

Subjects (All):

Banking law.

Bank failures--Law and legislation.

Bank failures.

Banks and banking--State supervision.

Banks and banking.

Bankruptcy.

Physical Description:

1 online resource (195 p.)

Edition:

1st ed.

Place of Publication:

Washington, D.C. : International Monetary Fund, 2001.

Language Note:

English

Summary:

This book analyzes and compares the laws of selected industrial countries that are representative of the different approaches to the treatment of banks in distress. It addresses only those banking and economic policy issues that are required for a proper understanding of the banking law or the legal strategies, procedures, and practices that have evolved in the treatment of banking problems. The book does not cover international aspects of bank insolvency, but rather has a domestic focus, given that bank regulation and supervision are still largely a national endeavor.

Contents:

Intro

Contents

Preface

Overview

Scope of the Report

Forced Liquidation and Restructuring of Banks: Differences Between Bank Insolvency Law and General Insolvency Law

I. General Policy Considerations

1. Special Treatment of Banks

2. Institutional Framework

3. Incidental Versus Banking System Problems

4. The Corrective Effects of Market Forces

5. Liquidity Support Provided by the Central Bank as Lender of Last Resort

6. Prevention

II. General Legal Considerations

1. The Law Governing Banking Activities

2. International Aspects

3. General Protection for Banks: Principles of Administrative Law

4. Special Protection for Banks: Provisions of Banking

5. Review of Regulatory Acts

Principal Objectives To Be Pursued by Law

III. Regulatory Intervention: Common Issues

1. Categories and Objectives of Regulatory Intervention

2. Discretion of Regulators Under the Law

3. Gradation of Regulatory Intervention

4. Timeliness of Regulatory Measures

5. Reporting and Disclosure Requirements

6. Financial Costs of Regulatory Intervention

IV. Corrective Action: Common Features

1. Authority to Take Corrective Action

2. Grounds for Taking Corrective Action

3. Corrective Action Plans

V. Corrective Action: Categories

1. Choice of Corrective Action

2. Corrective Agreements, Warnings, and Orders

3. Appointment of Observers and Inspectors

VI. Exceptional Financial Support to Insolvent Banks

VII. Special Moratorium on Debt Service by Banks Under the Banking Law

1. General Observations

2. Judicial Moratoria

3. Extrajudicial Moratoria

4. Entry into Force and Termination of Moratoria

VIII. Taking Control of a Bank Under the Banking Law: Common Issues.

1. Survey of Procedures

2. Bank Administration Procedures

3. Issues Common to Bank Administration Procedures

4. Regulatory Administration Versus Judicial Administration

IX. Provisional Administration Under the Banking Law

1. General Issues

2. Appointment of a Provisional Administrator

3. Legal Effects of the Appointment of a Provisional Administrator

X. Receivership Under the Banking Law

2. Appointment of a Receiver

3. Legal Effects of the Appointment of a Receiver

XL Bank Resolution Procedures Used in a Banking Law Receivership

1. Principal Procedures

2. Bank Merger

3. Purchase and Assumption Transactions

4. Forced Bank Liquidation

XII. Revocation of the Banking License

1. Grounds to Revoke the Banking License

2. Authority to Revoke the Banking License

3. Legal Effects of Revocation of the Banking License

XIII. Taking Control of a Bank Under General or Special Insolvency Law

2. Special Bank-Related Features of the General Insolvency Law

XIV. Banking System Restructuring

1. Overview

2. Institutional and Functional Features

3. Legal Aspects

Principal Objectives To Be Pursued by Law.

Notes:

Description based upon print version of record.

Description based on print version record.

ISBN:

9786613848529

9781455245857

1455245852

9781455294176

1455294179

9781283536073

1283536072

9781455245666

1455245666

OCLC:

793203284