This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007–2009 financial crisis.

This volume, edited by Robert C. Effros, surveys developments at international financial institutions, regional developments affecting central banks, the progress of the European Union countries toward monetary union and a unified banking market, the effect of the General Agreement on Tariffs and Trade and the World Trade Organization on banking services, and the implications of the North American Free Trade Agreement for central banks. Other topics discussed include banking regulation and reform in the United States, the United Kingdom, Canada, countries of the former Soviet Union, and China; banking supervision; the role of deposit insurance; bankruptcy policy; derivatives; securitization; payments systems; securities transfers; and capital standards for market risk. Appendices reproduce relevant legal documentation.

The subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.

Covers several aspects of bank holding companies, from permissible activities through operations. This book addresses such significant subjects as the Federal Reserve Board's supervisory framework for complex banking organizations, including guidance concerning capital adequacy; enhanced enforcement authority of federal regulators, and more.

The book includes chapters on what multi-bank financing is and who does it, relevant areas of law (including contract, torts, insolvency, tax, and statutes, such as the Bank Act), the mechanics of arranging loan syndications and loan participations, financial accommodation used (direct loans, bank guarantees, letters of credit, and bankers' acceptances), legal relations between parties in loan syndications and loan participations, rights and duties of the agent bank, securities regulation issues in loan syndications and loan participations, and accounting and tax issues in loan syndications and loan participations. Agasha Mugasha argues that loan syndications, loan participations, and related practices are commercial transactions between sophisticated parties and should be analysed and regulated as such. Sample documents for syndicated facility agreements, participation agreements, sale and participation agreements, and standby letters of credit are provided in appendices. Based on law in Canada, particularly Ontario, The Law of Multi-bank Financing includes discussions of a significant body of United States jurisprudence as well as the most important court decisions in other common-law countries.

Sustainable poverty reduction and equitable economic development rest on the firm foundation of the rule of law. On the domestic front, countries must engage in legal reform in order to maximize the benefits of globalization, increase efficiency in business transactions, improve the way governments deliver essential services, and facilitate access to an effective justice system. Internationally, new rules are needed to face global threats such as money laundering, destabilizing capital movements, communicable diseases, and attacks on the environment. The first volume of The World Bank Legal Review: Law and Justice for Development is the result of the World Bank’s unique experience with legal and judicial innovations and research around the world. It will be of interest to policy makers, attorneys, international development professionals, and anyone interested in the role of law and justice in the multi-faceted struggle to relieve poverty and improve living standards in developing countries.

The author identifies and explains the critical components and functions of the systems for the holding of rights in accounts with intermediaries, identifying underlying principles that should be embodied in modern legislation underpinning the law of a

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.

In the many studies that have been conducted on the provision of financial services for consumers, regulation has emerged as one of the most important factors. The impact of regulation on financial service industries is a major focus of this comprehensive bibliography of relevant source materials in the field of regulatory economics. The bibliography includes entries from the major economics and finance journals published over the past twenty years, major law and business journals,government documents, books, and doctoral dissertations--all indexed according to subject matter--as well as abstracts of many of the papers.The product of extensive research, Heggestad's work is invaluable to university libraries, regulatory agencies, financial institutions, and financial experts, and is an efficient and essential reference tool for anyone wishing to study specific markets and the impact of financial regulation on them.

Palestine (West Bank and Gaza) Business Law Handbook Volume 1 Strategic Information and Basic Laws