Banks Resolution and Liquidation Regimes : A Comparative Study Within the G-20.

Format:

Book

Author/Creator:

Lessambo, Felix.

Language:

English

Subjects (All):

Bank failures.

Liquidation.

Physical Description:

1 online resource (239 pages)

Edition:

1st ed.

Place of Publication:

Bradford : Ethics International Press Limited, 2024.

Summary:

Depending on the circumstances, bank failure may be managed through either resolution or liquidation. Bank resolution is one of the areas of financial system stability monitored and maintained by the Financial System Stability Committee. An effective resolution regime should make possible the resolution of any bank in an orderly manner without severe systemic disruption or exposing taxpayers to the risk of loss. Resolution authorities are required to draw up resolution plans laying out how to deal with a failing bank which is no longer viable and specifying the application of possible resolution tools and ways to ensure the continuity of critical functions. When a bank is no longer viable and a Purchase and Assumption (P&A) cannot be arranged or is not permitted under the applicable legal framework, the bank may have to be liquidated either under the general insolvency framework in place in the country or under a SRR for banks. However, if a bank goes into liquidation, all liabilities (except those exempted from the insolvency estate) fall due and the insolvency estate is protected by the imposition of a collective stay of creditor action (no further enforcement by individual creditors). A trustee is appointed to dispose of the assets and distribute the proceeds among the creditors.

Contents:

Intro

List of Acronyms

List of Figures

Acknowledgements

Chapter 1 Special Insolvency Regimes

1.1 General

1.2 Banks resolution: A special regime

1.2.1 The Unsatisfactory general insolvency proceedings

1.2.2 The special resolution treatment

1.3 Banks liquidation

1.3.1 General solvency regime

1.3.2 Special solvency regime

Chapter 2 Resolution and Liquidation Regimes

2.1 General

2.2 The Objectives of bank resolution

2.3 Types of Resolution Systems

2.3.1 Administrative proceedings

2.3.2 Judicial proceeding

2.4 Pre-Resolution Activity

2.4.1 Unassisted Mergers

2.4.2 Assisted Mergers

2.5 Large banks vs. Small or mid-size banks

2.6 Causes of bank Failure

Leverage Ratios Used

2.7 Bank liquidation

2.7.1 Liquidation operations

2.7.2 Liquidation management

2.8 Cross-Border Issues in Resolution

Chapter 3 Bank Resolution and Liquidation in the US

3.1 General

3.2 The Dodd- Frank Act

3.3 Resolution regime

3.4 Regulation Prompt and Corrective Action under FDIA

3.5 Types of resolutions

3.5.1 Liquidation and reimbursement of depositors' claims (deposit payout)

3.5.2 Purchase-and-assumption transactions (sales)

3.6 Providing assistance outside of a resolution

3.7 Procedures for selecting and implementing resolution methods

3.8 Living Will

Chapter 4 Bank Resolution and Liquidation in Canada

4.1 General

4.2 Bank Resolution Regime

4.3 Bank Liquidation Regime

4.3.1 Bank liquidation under the Winding-up and Restructuring Act

Chapter 5 Bank Resolution and Liquidation within the European Union

5.1 General

5.2 Resolution Fund in the EU

5.3 Single Resolution System

5.4 Bank Liquidation

Chapter 6 Banks Resolution and Liquidation in Germany

6.1 General

6.2 Bank Resolution

6.2.1 Resolution framework.

6.2.2 Resolution planning

6.2.3 Resolutions tools

6.2.4 Resolution funding

6.3 Bank liquidation

Chapter 7 Bank Resolution and Liquidation in France

7.1 General

7.2 The Resolution regime

7.3 Liquidation

Chapter 8 Bank Resolution and Liquidation in Italy

8.1 General

8.2 Resolution

Opening up a resolution

Resolution tools

8.3 Liquidation

Chapter 9 Bank Resolution and Liquidation in Spain

9.1 General

9.2 Resolution regime

9.3 Liquidation regime

Chapter 10 Bank Resolution and Liquidation in Switzerland

10.1 General

10.2 Resolution regime

10.2.1 Assessment of resolution

10.2.2 FINMA resolution tools

10.3 Bank's Liquidation regime

Chapter 11 Bank Resolution and Liquidation in the United Kingdom

11.1 General

11.2 Resolution regime

11.2.1 Features of the Resolution regime

11.3 Safeguards for creditors

11.4 Liquidation regime

Chapter 12 Bank Resolution and Liquidation in China

12.1 General

12.2 Resolution regime

12.3 Liquidation

Chapter 13 Bank Resolution and Liquidation in Japan

13.1 General

13.2 Bank resolution regime

13.3 Bank Liquidation regime

Chapter 14 Bank Resolution and Liquidation in India

14.1 General

14.2 Resolution regime

14.3 Liquidation regime

Chapter 15 Bank Resolution and Liquidation in Korea

15.1 General

15.2 Resolution regime

15.3 Liquidation regime

Chapter 16 Bank Resolution and Liquidation in Indonesia

16.1 General

16.2 Resolution regime

16.3 Banks Liquidation regime

Chapter 17 Bank Resolution and Liquidation in Turkey

17.1 General

17.2 Resolution regime

17.3 Liquidation regime

Chapter 18 Bank Resolution and Liquidation in Saudi Arabia

18.1 General

18.2 Resolution regime

18.3 Liquidation Regime

Chapter 19 Bank Resolution and Liquidation in Russia

19.1 General.

19.2 Resolution regime

19.3 Liquidation regime

Chapter 20 Bank Resolution and Liquidation in Australia

20.1 General

20.2 Resolution regime

20.2.1 Resolution tools

20.3 Liquidation regime

Chapter 21 Bank Resolution and Liquidation Regimes in Brazil

21.1 General

21.2 Resolution regime

21.3 Liquidation regime

Chapter 22 Bank Resolution and Liquidation in Mexico

22.1 General

22.2 Resolution Regime

22.3 Bank Liquidation regime

22.4 IPAD International Cooperation

Chapter 23 Bank Resolution and Liquidation in Argentina

23.1 General

23.2 Banks Resolution Regime

23.3 Banks Liquidation Regime

Chapter 24 Bank Resolution and Liquidation in South Africa

24.1 General

24.2 Resolution regime

24.3 Liquidation regime

Chapter 25 Cross-Border Cooperation in Bank Resolution

25.1 General

25.2 The International Framework for Resolution

25.2.1 The Financial Stability Board

25.2.2 The Basel Committee on Banking Supervision.

25.2.3 The IMF

25.2. 4 The OECD

25.2.5 Uncitrical

25.3 New Challenges for Resolution Planning: Digitalization

25.4 Forms of cooperation arrangements with non-CMG host authorities

Chapter 26 Case Study: Silicon Valley Bank, Signature Bank, and First Republic Bank Collapses

26.1 Silicon Valley Bank

26.1.1 Earlier signs

26.1.2 Reasons for the collapse

26.1.3 FDIC intervention

26.1.4 The Federal Reserve Intervention

26.2 Signature Bank

26.2.1 Signature Bank Reasons for failure

26.2.2 The FDIC role

26.2.3 The Federal Reserve role

26.2.4 Signature Bank's financial statements

26.2.4.1 Signature Bank- Consolidated statements of financial condition

26.2.4.2 Signature Bank- Consolidated statement of income

26.2.4.3 Signature Bank- Consolidated statements of comprehensive income.

26.2.4.4 Signature Bank- Consolidated statements of changes in shareholders' equity

26.2.4.5 Signature Bank- Consolidated statements of cash flows

26.3 First Republic Bank

26.4 Conclusion

Annexes

TRANSFER OF RECORDS

FIRST CONSIDERATION

ADJUSTMENTS

SECOND CONSIDERATION

WITHHELD PAYMENTS

INDEMNIFICATION OF THE ASSUMING BANK

Bibliography.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9781804418673

1804418676

OCLC:

1492913959