Developing Distress Resolution Procedures for Financial Institutions
This paper focuses on the need for a lex specialis for resolution of insolvent banks and other financial institutions serving similar functions, and on requirements for making resolution procedures effective. After a review of the objectives of general insolvency law and the special characteristics of banks and the financial system, approaches to resolution procedures in a few “model countries” are described. The issues that require attention in legislation for resolution procedures are identified as the contagion issue, the valuation issue, the predictability issue, the information issue, the coverage issue, the funding issue and the cross-border issue. Complementary reforms of the financial architecture that would enhance the effectiveness of legislation for resolution procedures are discussed as well
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- Clas Wihlborg & Larry Wall & Maria. J Nieto & Thomas F. Huertas & Gillian G.H. Garcia & George G.Kaufman & David G. Mayes & Robert A.Eisenbeis & Rosa M. Lastra, 2007. "Prompt Corrective Action & Cross-Border Supervisory Issues in Europe," FMG Special Papers sp171, Financial Markets Group.
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- Fitzpatrick, Thomas J. & Thomson, James B., 2011. "An end to too big to let fail? The Dodd-Frank Act's orderly liquidation authority," Economic Commentary, Federal Reserve Bank of Cleveland, issue Jan.
- Clas Wihlborg & Shubhashis Gangopadhyay, 2001. "Infrastructure Requirements in the Area of Bankruptcy Law," Center for Financial Institutions Working Papers 01-09, Wharton School Center for Financial Institutions, University of Pennsylvania.
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