Creditor Priority In European Bank Insolvency Law

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This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority-the order in which different creditors bear losses should a bank fail-differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.

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Genre : Law
Author : Sjur Swensen Ellingsæter
Publisher : Bloomsbury Publishing
Release : 2023-02-09
File : 277 Pages
ISBN-13 : 9781509953677


Creditor Priority In European Bank Insolvency Law

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BOOK EXCERPT:

This book provides the first comprehensive treatment of creditor priority in European bank insolvency law. Following reform in the wake of the global financial crisis, EU law requires that Member States have in place bank-specific insolvency frameworks. Creditor priority--the order in which different creditors bear losses should a bank fail--differs substantially between bank-specific and general insolvency law. The bank-specific creditor priority framework aims to ensure that banks can enter insolvency proceedings without disrupting financial stability. The book provides a systematic and thorough account of the Bank Recovery and Resolution Directive and other EU legislation that governs creditor priority in bank resolution and liquidation proceedings, and their interaction with national law. The framework is analysed from several perspectives, including comparison with creditor priority in English, German and Norwegian general insolvency law. Moreover, the book places the evolution of the framework and its justifications within the broader post-crisis shifts in bank regulation, and critically examines the assumptions that underlie these developments. Finally, the book discusses how this area of law could evolve in the future.

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Genre : Banking law
Author : Sjur Swensen Ellingsaeter
Publisher :
Release : 2023
File : 0 Pages
ISBN-13 : 150995368X


Judicial Review In The European Banking Union

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This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation.

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Genre : Law
Author : Chiara Zilioli
Publisher : Edward Elgar Publishing
Release : 2021-02-26
File : 672 Pages
ISBN-13 : 9781800373204


Managers In European Law

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Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and comparative analysis of cross-cutting issues affecting managers in Europe, including complexities arising from national variations in governance structures and roles and functions of managers; comprehensive analysis of cases before the European courts with full awareness of applicable rules; distinction between registered front directors and those who act as de facto managers; how employees (and to some degree other stakeholders) may be involved in management; trends in current EU law that increase the need to protect managers; trends that increase the need to hold managers liable; right to inter alia information and consultation, occupational health and safety, non-discrimination and free movement; and recognition that managers may not necessarily be powerful professionals with strength vis-à-vis the company as employer. According to EU statistics, in 2019, nearly 9.4 million persons held a managerial position across the EU’s Member States, meaning that many managers currently can no longer inherently be considered unworthy of employment protection. The legal status of these individuals thus cannot be sidestepped. This very important volume accordingly will be of value to practitioners, policymakers, and academics in employment and labour law.

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Genre : Law
Author : Natalie Videbæk Munkholm
Publisher : Kluwer Law International B.V.
Release : 2024-02-08
File : 439 Pages
ISBN-13 : 9789403533162


Promoting Regional Cooperation In The Development Of Insolvency Law Reforms

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Genre : Bankruptcy
Author : Asian Development Bank
Publisher :
Release : 2008
File : 152 Pages
ISBN-13 : UOM:39015082869267


Transition Report 2004

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The Transition Report is a unique source of information on developments in central and eastern Europe and the Commonwealth of Independent States. Drawing on the EBRD's extensive experience in the region, the Report offers comprehensive analysis of progress in the transition to market economies.

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Genre : Business & Economics
Author : European Bank for Reconstruction and Development
Publisher :
Release : 2004
File : 208 Pages
ISBN-13 : 1898802254


The Parker School Journal Of East European Law

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Genre : Law
Author :
Publisher :
Release : 1994
File : 786 Pages
ISBN-13 : STANFORD:36105062098285


The Law Times

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Genre : Law
Author :
Publisher :
Release : 1873
File : 642 Pages
ISBN-13 : STANFORD:36105060416075


The New Encyclopaedia Britannica

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Spine title: Encyclopaedia Britannica. Includes bibliographies. Propaedia: outline of knowledge and guide to the Britannica. 1 v.--Micropaedia: ready reference and index. 10 v.--Macropaedia: knowledge in depth. 19 v. Accompanied by supplement (2 v.) issued in 1994 uder the title: The Encyclopaedia Britannica supplement.

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Genre : Encyclopedias and dictionaries
Author :
Publisher :
Release : 1980
File : 1222 Pages
ISBN-13 : IND:30000004140582


The New Encyclopaedia Britannica Macropaedia 19 V

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Genre : Encyclopedias and dictionaries
Author :
Publisher :
Release : 1983
File : 1216 Pages
ISBN-13 : UOM:39015026238389