Legal aspects of regulatory treatment of banks in distress / Tobias M.C. Asser.

Includes bibliographical references.

Print version record.

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.

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 -- Principal Objectives To Be Pursued by Law.

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.

Principal Objectives To Be Pursued by Law -- 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 -- 1. General Issues -- 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 -- Principal Objectives To Be Pursued by Law -- XIII. Taking Control of a Bank Under General or Special Insolvency Law -- 1. General Issues.

eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - Worldwide