Bankruptcy and reorganization procedures for cross-border banks in the EU: Towards an integrated approach to the reform of the EU safety net
AbstractPurpose – The purpose of this paper is to examine the complexities of reorganizing and/or liquidating troubled banks under the European Union's (EU) current institutional framework as it is defined by its directives and by national supervisory, remedial, and insolvency practices. Design/methodology/approach – The paper compares provisions of different EU directives that impact financial institutions and summarizes national remedial practices. Findings – The paper documents the diversity that currently exists among national supervisory, remedial and failure resolution practices for banks. It also assesses the economic efficiency of the institutional framework for resolving problem banks that is defined by the Reorganization and Winding-up Directive and identifies components of the directive that can hamper efficient cross-border resolutions. Research limitations/implications – There is a deficiency in publicly available information on EU member countries' practices for disciplining and resolving troubled banks. Practical implications – The paper assesses issues/conditions that can hamper efficient cross-border resolutions – issues on which policymakers should focus when they reform the current framework. It also explores areas of coordination with other EU directives that deal with financial crisis management that are relevant in the current financial crisis. Originality/value – The paper makes policy recommendations for reforming the EU's current institutional framework for resolving troubled banks.
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Bibliographic InfoArticle provided by Emerald Group Publishing in its journal Journal of Financial Regulation and Compliance.
Volume (Year): 17 (2009)
Issue (Month): 3 (July)
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Web page: http://www.emeraldinsight.com
Postal: Emerald Group Publishing, Howard House, Wagon Lane, Bingley, BD16 1WA, UK
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- Rosa Maria Lastra, 2003. "Cross-Border Bank Insolvency: Legal Implications in the Case of Banks Operating in Different Jurisdictions in Latin America," Journal of International Economic Law, Oxford University Press, vol. 6(1), pages 79-110, March.
- International Monetary Fund, 2008. "Cross-Border Coordination of Prudential Supervision and Deposit Guarantees," IMF Working Papers 08/283, International Monetary Fund.
- María J. Nieto & Garry J. Schinasi, 2008. "EU framework for safeguarding financial stability: Towards an analytical benchmark for assessing its effectiveness," Banco de Espaï¿½a Occasional Papers 0801, Banco de Espa�a.
- Larry Wall & Maria Nieto, 2006.
"Precondition for a Successful Implementation of Supervisors' Primpt Corrective Action: Is There a Case for a Banking Standard in the EU?,"
FMG Special Papers
sp165, Financial Markets Group.
- María J. Nieto & Larry D. Wall, 2007. "Preconditions for a successful implementation of supervisors' Prompt Corrective Action: Is there a case for a banking standard in the EU?," Banco de Espaï¿½a Working Papers 0702, Banco de Espa�a.
- Robert A. Eisenbeis & Larry D. Wall, 2002. "The major supervisory initiatives post-FDICIA: Are they based on the goals of PCA? Should they be?," Working Paper 2002-31, Federal Reserve Bank of Atlanta.
- David G. Mayes & María J. Nieto & Larry Wall, 2008.
"Multiple safety net regulators and agency problems in the EU: Is Prompt Corrective Action partly the solution?,"
Banco de Espaï¿½a Working Papers
0819, Banco de Espa�a.
- Mayes, David G. & Nieto, María J. & Wall, Larry, 2008. "Multiple safety net regulators and agency problems in the EU: Is Prompt Corrective Action partly the solution?," Journal of Financial Stability, Elsevier, vol. 4(3), pages 232-257, September.
- George G. Kaufman, 2004. "Depositor Liquidity and Loss Sharing in Bank Failure Resolutions," Contemporary Economic Policy, Western Economic Association International, vol. 22(2), pages 237-249, 04.
- Lastra, Rosa Maria, 2006. "Legal Foundations of International Monetary Stability," OUP Catalogue, Oxford University Press, number 9780199269341, September.
- Gillian G. H. Garcia & Maria J. Nieto, 2007. "Preserving Financial Stability: A Dilemma For The European Union," Contemporary Economic Policy, Western Economic Association International, vol. 25(3), pages 444-458, 07.
- George P. Kaufman, 2004. "FDIC losses in bank failures: has FDICIA made a difference?," Economic Perspectives, Federal Reserve Bank of Chicago, issue Q III, pages 13-25.
- Hagendorff, Jens & Hernando, Ignacio & Nieto, Maria J. & Wall, Larry D., 2012.
"What do premiums paid for bank M&As reflect? The case of the European Union,"
Journal of Banking & Finance,
Elsevier, vol. 36(3), pages 749-759.
- Jens Hagendorff & Ignacio Hernando & María J. Nieto & Larry D. Wall, 2010. "What do premiums paid for bank M&As reflect? The case of the European Union," Banco de Espaï¿½a Working Papers 1011, Banco de Espa�a.
- Jens Hagendorff & Ignacio Hernando & Maria J. Nieto & Larry D. Wall, 2010. "What do premiums paid for bank M&As reflect? the case of the European Union," Working Paper 2010-05, Federal Reserve Bank of Atlanta.
- Maria J. Nieto & Gillian G. Garcia, 2012. "The Insufficiency of Traditional Safety Nets: What Bank Resolution Fund for Europe?," FMG Special Papers sp209, Financial Markets Group.
- Matej Marinc & Razvan Vlahu, 2011. "The Economic Perspective of Bank Bankruptcy Law," DNB Working Papers 310, Netherlands Central Bank, Research Department.
- Larry D. Wall, 2010.
"Prudential discipline for financial firms: micro, macro, and market structures,"
2010-09, Federal Reserve Bank of Atlanta.
- Larry D. Wall, 2010. "Prudential Discipline for Financial Firms: Micro, Macro, and Market Structures," Working Papers id:3040, eSocialSciences.
- Wall, Larry D., 2009. "Prudential Discipline for Financial Firms: Micro, Macro, and Market Structures," ADBI Working Papers 176, Asian Development Bank Institute.
- Maria J. Nieto & Gillian G. Garcia, 2012. "The insufficiency of traditional safety nets: what bank resolution fund for Europe?," Journal of Financial Regulation and Compliance, Emerald Group Publishing, vol. 20(2), pages 116-146, May.
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