Financial Crisis Management And Bank Resolution

Author: John Raymond LaBrosse
Editor: Taylor & Francis
ISBN: 1000285898
File Size: 33,46 MB
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Financial Crisis Management and Bank Resolution provides an analysis of the responses to the recent crisis that has beset the international financial markets taking a top down approach looking at the mechanisms to manage a financial crisis, to the practicalities of dealing with the resolution of a bank experiencing distress. This work is an interdisciplinary analysis of the law and policy surrounding crisis management and bank resolution. It comprises contributions from a team of leading experts in the field that have been carefully selected from across the globe. These experts are drawn from the law, central banks, government, financial services and academia. This edited collection will provide a new and important contribution to the subject at a crucial time in the debate around banking resolution and crisis management regimes, and help to plug the gap in our knowledge and understanding of the law of bank resolution and restructuring.

Bank Resolution And Crisis Management

Author: Simon Gleeson
Editor: Oxford University Press, USA
ISBN: 9780199698011
File Size: 48,57 MB
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The 2008 global financial crisis ushered in the biggest explosion in new bank regulation around the world since the Great Depression. Even more so than then, this new regulation has been coordinated on a global basis and reflects global standards as well as local idiosyncracies. Although governments and regulators have sought to put measures in place to prevent the failure of banks, they have acknowledged the need for measures to address what happens when banks fail or are threatened with failure and how to resolve such failure. Bank Resolution and Crisis Management: Law and Practice deals with the measures which European, U.S. and international law and policy makers have sought to put in place to deal with the threat of financial institutions failing, including enhanced supervision, early intervention and so called 'living wills'. Measures such as 'bail-out' (protecting private shareholders and creditors against losses) and 'bail-in' (imposing losses on shareholders and long-term creditors without causing contagion among short-term creditors) are discussed. The work includes comprehensive summaries and commentary on the EU Bank Recovery and Resolution Directive, the UK resolution laws including the Banking Act 2009 and amendments to that act, the Orderly Liquidation Authority under Title II of the U.S. Dodd-Frank Act, proposed new Chapter 14 to the U.S. Bankruptcy Code, and the bank resolution provisions of the U.S. Federal Deposit Insurance Act. The book also provides detailed commentary on the provisions in the Banking Act 2009 dealing with resolution, including discussion of the stabilization, bank administration and insolvency powers. This includes analysis of secondary legislation such as the Partial Transfers Order. Special emphasis is given to the practical effect of such measures on financial transactions and their impact on arrangements, such as netting and set-off. There is also commentary on the Financial Services Investor Compensation Scheme and its role in returning money to the depositors in a failing bank. The special position of failing investment banks is also a feature of the book. Coverage includes analysis of the legislation adopted to address the particular issues that arose in the failure of Lehman Brothers and the resulting litigation, particularly that relating to the recovery of client assets. This work will be invaluable for regulatory, transactional and insolvency lawyers and other professionals advising banks on their powers and governance processes, in structuring and documenting transactions and in dealing with banks in the course of insolvency proceedings.

Spain

Author: International Monetary Fund
Editor: International Monetary Fund
ISBN: 1475504322
File Size: 27,34 MB
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This technical note examines the safety net, bank resolution, and crisis management framework in Spain. The financial safety net architecture for the banking sector comprises the Banco de España (BdE), the Fondo de Garantía de Depósitos (FGD), and the Fondo de Reestructuración Ordenada Bancaria (FROB). The note discusses that institutional roles and instruments of the FROB and the FGD need to be realigned. Given the current crisis, authorities should make it a key priority to promptly improve the tools to resolve banks in line with recent international practices.

Italy

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1475567987
File Size: 40,50 MB
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This Technical Note elaborates the recommendations made in the Financial Sector Assessment Program (FSAP) for Italy in the areas of contingency planning, crisis management, and bank resolution. The note sets out a brief overview of the impact of the global financial crisis in Italy and how the authorities handled the crisis. It analyzes the institutional framework and domestic and cross-border coordination arrangements. The supervisory approach to intervene with potential problem banks at an early stage is examined. The note also covers crisis management tools, including official financial support measures, the resolution framework, and the deposit guarantee framework.

Czech Republic

Author: International Monetary Fund
Editor: International Monetary Fund
ISBN: 1475506198
File Size: 72,97 MB
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The Czech financial system is confronted with mounting risks that stem mainly from negative developments in the European Union (EU). This technical note focuses on crisis management and bank resolution framework for the Czech Republic. It summarizes the high-level observations of the mission based on its key findings and recommendations, and analyzes the existing institutional framework and coordination arrangements for crisis management. The note also examines the cross-border dimension of crisis preparedness and crisis management tools.

Denmark Crisis Management Bank Resolution And Financial Sector Safety Nets Technical Note

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1498317871
File Size: 44,98 MB
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This paper discusses findings and recommendations made in the Financial Sector Assessment Program Update for Denmark in the areas of crisis management, bank resolution, and financial-sector safety nets. The Danish resolution scheme has allowed the authorities to deal with mounting distress while minimizing costs for taxpayers. The scheme has enabled the orderly winding-up of the affected banks by providing for a transfer of all assets, and part of the liabilities, to the Financial Stability Company or third-party acquirers. The authorities are encouraged to further strengthen the resolution framework in line with the Bank Recovery and Resolution Directive and emerging international good practices.

United Kingdom

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1484393333
File Size: 75,70 MB
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This paper first describes the architecture for resolution and crisis management. Second, it outlines the resolution policies and operational arrangements currently in place. Third, it discusses the measures taken by the authorities to ensure resolvability. Fourth, it refers to cross-border cooperation issues in resolution. Finally, it describes frameworks for resolution funding and deposit insurance. The U.K. financial safety net is underpinned by strong institutional arrangements. The financial safety net is made up of Her Majesty's Treasury, the Bank of England, the Prudential Regulation Authority, the Financial Conduct Authority, and the Financial Services Compensation Scheme. The authorities are encouraged to continue their efforts to operationalize, test, and refine the crisis preparedness framework, while exploring mechanisms to make it even more robust.

Mauritius

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1484361822
File Size: 47,96 MB
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This Technical Assistance Report discusses measures needed to strengthen bank resolution and crisis management framework in Mauritius. The current legal framework in Mauritius does not provide the supervisor with adequate triggers and powers to mitigate risks at a sufficiently early stage. The law should provide for a broader range of corrective tools that allow the supervisor to restore weak banks to sound financial conditions. A new resolution framework is needed to effectively manage failing banks, safeguard financial stability as well as limit moral hazard. Formal plans describing how the resolution authority will manage the failure of individual banks and their groups need to be developed.

Russian Federation

Author: International Monetary Fund. European Dept.
Editor: International Monetary Fund
ISBN: 1475538502
File Size: 47,68 MB
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This Technical Note discusses the findings and recommendations made in the Financial Sector Assessment Program for the Russian Federation in the areas of bank resolution and a crisis management framework. The findings reveal that the experiences of past financial crises have strengthened the Russian bank resolution framework. The resolution framework has been effective in preserving financial stability. Since January 2014, 28 banks have been placed in open bank resolution, and three were resolved by purchase and assumption transactions. The effectiveness of bank resolution could be improved. Introduction of the full range of resolution powers and safeguards recommended by the Financial Stability Board Key Attributes would improve the framework’s effectiveness.

Spain

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1484327187
File Size: 56,29 MB
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This Technical Note discusses the findings and recommendations in the Financial Sector Assessment Program for Spain in the areas of bank resolution and crisis management frameworks. The institutional framework in Spain has been strengthened and is more appropriate for managing the resolution process. At the Banking Union level, the Single Supervisory Mechanism is responsible for supervising all significant entities. The Single Resolution Board is the resolution authority for such entities, as well as for cross-border groups. Although the framework for bank resolution is well designed, the system could be enhanced. Recovery planning for Spanish banks is progressing, but further progress is warranted.

Malta

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1513520806
File Size: 28,12 MB
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This technical note analyzes laws, policies, and procedures for bank failure mitigation and resolution, and for preparation and management of a financial crisis in Malta. It addresses the supervision of bank recovery plans, early intervention when problems are identified, resolution planning, resolution funding, and deposit insurance. Implementation of recovery planning requirements for banks remains a work in progress. Written policies and procedures should be adopted on the application of early intervention powers. While legal triggers and power for early intervention in problem banks are adequate, the powers in relevant legislation overlap substantially. Actions are needed to support the use of bank resolution powers, and to address weaknesses in the bank liquidation and insolvency framework. There is lack of clarity regarding the legal regime applicable to bank winding-up and insolvency, including as to the creditor hierarchy in liquidation. Impediments to implementation of the resolution tools are being identified and need to be addressed. Preparations need to be made for using the bridge institution resolution tool.

Belgium

Author: International Monetary Fund. European Dept.
Editor: International Monetary Fund
ISBN: 1484349660
File Size: 28,46 MB
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The ability of the National Bank of Belgium (NBB) to provide emergency liquidity assistance to solvent but temporarily illiquid firms is well tested and satisfactory. Belgian authorities are testing draft guidelines for recovery plans through pilot projects with selected firms that are of systemic importance. Introducing recurrent crisis management simulations would allow the authorities to test the coordination arrangements and potential application of the crisis management toolkit. It is commended that the NBB can enhance the framework for orderly and effective resolution.

Germany

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1498325432
File Size: 62,35 MB
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This paper analyzes the crisis preparedness and crisis management frameworks for German banks. Banks dominate German financial system and represent one of the largest small- and medium-sized banking segments in the EU. The banking sector is a three-pillar system with a total of nearly 1,800 institutions. Both at the EU level and at domestic German level a range of legal instruments have been adopted that collectively establish a complex framework for bank resolution and crisis preparedness and management in financial sector. The Single Supervisory Mechanism Regulation has conferred specific tasks on the European Central Bank concerning prudential supervision of banks including the adoption of early intervention measures and a requirement that banks prepare recovery plans.

United Kingdom

Author: International Monetary Fund
Editor: International Monetary Fund
ISBN: 1462335500
File Size: 44,50 MB
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In recent years, the IMF has released a growing number of reports and other documents covering economic and financial developments and trends in member countries. Each report, prepared by a staff team after discussions with government officials, is published at the option of the member country.

Ireland

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1475542194
File Size: 14,43 MB
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This Technical Note discusses the findings and recommendations in the Financial Sector Assessment Program for Ireland regarding the financial safety net, bank resolution, and crisis management. The introduction of the “single rulebook” for financial services regulation within the European Union and the establishment of the banking union have transformed the Irish framework for dealing with failing banks. The new regime reflects an EU-wide initiative to strengthen supervision, harmonize prudential rules, and establish a uniform bank resolution regime. The Bank Recovery and Resolution Directive has significantly strengthened the resolution regime in Ireland and the European Union. Significant progress has also been made on the banking union, although key aspects remain to be completed.

Australia

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 148439884X
File Size: 30,96 MB
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This technical note analyzes the existing legal and institutional frameworks in Australia, including coordination arrangements and focuses on crisis preparedness, including recovery and resolution planning as well as the Reserve Bank of Australia’s (RBA) lender-of-last resort functions. The analysis highlights that Australia has a well-established framework for financial stability, surveillance and policy formulation and the resolution regime for financial institutions has been significantly enhanced since the financial crisis. Australian Prudential Regulation Authority (APRA) has made progress in developing recovery planning requirements for the banking industry, extending these from large to medium sized and smaller banks. However, there is a need to better integrate the recovery planning within the risk management framework and operational testing exercises and to significantly enhance APRA’s work on resolution planning, particularly for the largest banks. The paper recommends that the Australian authorities should introduce an ex-ante funded deposit insurance scheme, based on best international practice.

Crisis Management And Resolution For A European Banking System

Author:
Editor: International Monetary Fund
ISBN: 145199429X
File Size: 20,99 MB
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This paper proposes an integrated crisis management and resolution framework for the EU's single banking market. It comprises a European Resolution Authority (ERA), armed with the mandate and the tools to deal cost-effectively with failing systemic cross-border banks, and is designed to address many fundamental operational and incentive problems. It also seeks to reduce moral hazard and better protect countries against the risk of twin fiscal-financial crises by detaching banks from government budgets. The ERA would be most effective if it were twinned or combined with a European Deposit Insurance and Resolution Fund.

South Africa

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1498368190
File Size: 60,61 MB
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This Technical Note discusses recommendations made during the Financial Sector Assessment Program (FSAP) for South Africa in the areas of contingency planning, crisis management, and bank resolution. The proposed scope of the new resolution regime and of the South African Reserve Bank’s (SARB) jurisdiction as the resolution authority remains unclear. It is suggested that authorities should consider focusing on all deposit-taking institutions and only those other financial institutions that are currently deemed systemic. Non-deposit-taking financial institutions that are not found to be systemic should be resolved by the Prudential Authority or the Market Conduct Authority, whichever is the lead regulator.

Euro Area Policies

Author: International Monetary Fund. Monetary and Capital Markets Department
Editor: International Monetary Fund
ISBN: 1484369661
File Size: 19,22 MB
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The euro area (EA) bank resolution and crisis management arrangements have been strengthened considerably over recent years, but work remains to complete and unify the regime. The adoption of the Bank Recovery and Resolution Directive (BRRD) and the Single Resolution Mechanism Regulation (SRMR), and the establishment of the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM) provide a foundation to deal with problem banks. The authorities remain committed to completing the banking union through the establishment of a backstop for the Single Resolution Fund (SRF) and a European deposit insurance scheme (EDIS) and other measures, many of which are in line with recommendations in this report.