TY - BOOK AU - Lastra,Rosa María TI - Cross-border bank insolvency SN - 9780199577071 U1 - 346.08215 PY - 2011/// CY - Oxford, New York PB - Oxford University Press KW - Banks and banking, International KW - Law and legislation KW - Bank failures KW - Banking law KW - International cooperation N1 - Includes bibliographical references and index; Machine generated contents note: 1.Bank Insolvency in the Context of Crisis Management Introduction Lender of Last Resort Deposit Insurance Deposit Insurance in the EU Government Rescue Packages Systemic Risk Considerations 2.Definition of Bank Insolvency and Types of Bank Insolvency Proceedings What is Bank Insolvency? Why Lex Specialist Objectives and Purposes of a Bank Insolvency Framework Types of Proceedings The Roles of the Relevant Authorities in a Bank Insolvency Framework The UK Banking Act 2009 and the Special Resolution Regime Conclusions 3.Early Intervention The Theoretical Basis for Early Intervention Early Intervention in the UK Early Intervention in the EU PCA in the USA 4.The Actors in the Process: Of Supervisors, Regulators, Administrators, and Courts of Justice Actors Generally Difficulties in Resolving Banking Crises Solutions and Responses Contents note continued: Actors Generally: Conclusions Courts General Considerations Domestic Banks Foreign Banks Courts: Conclusions 5.Allocating Costs of Failure Resolution: Shaping Incentives and Reducing Moral Hazard Failure Resolution as a Cornerstone of a Financial System Who Should Bear the Losses? Loss Allocation Ladder The Legal Protection of Shareholder and Creditor Rights Protecting Systemic Functions and Allocating Losses Cross-Border Aspects Conclusion 6.Developments in the EU Directive 2001/​24/​EC on the Reorganization and Winding-up of Credit Institutions Consultation and Proposals for Reform 7.International Law Principles Applicable to Cross-Border Bank Insolvency Principles: universality, territoriality, and a `middle ground' approach Implementation of these Principles Contents note continued: 8.The Elements of Coordination in International Corporate Insolvencies: What Cross-Border Bank Insolvency Can Learn from Corporate Insolvency Background The Model Law Just a Bit of Theory and Policy Corporate Groups The Key Elements in the Growth of Cooperation The Corporate Experience as it Relates to Banking 9.International Developments International Initiatives: The IMF and the Basel Cross-Border Bank Resolution Group The Uncitral Model Law on Cross-Border Insolvency Concluding Observations 10.The Perimeter Issue: To What Extent Should Lex Specialis be Extended to Systemically Significant Financial Institutions? An Exit Strategy from Too Big to Fail Too Big to Fail is Doubly Damned Identifying SSFIs Resolution Regulation and Supervision Other Measures to Deal with SSFIs Non-bank SSFIs Policing the Perimeter Contents note continued: Systemic Risk and the Too-Big-to-Fail Problem 11.Ending Too Big to Fail: Practical Resolution Alternatives for Financial Conglomerates Why Are Insolvency Rules Crucial? Risky Business Ending Too Big to Fail: Resolution Rules for Conglomerates Necessity for Preparation and Coordination Continuity for Functions, Not Firms Corporate Structural Reform Authorities' Operational Policies 12.Operational Issues Planning in the Event of Firm Failure Funding Runs: Deposits and Wholesale Investment Firm Client Property Counterparty Credit Risk Mitigation Counterparty Credit Risk: Netting Counterparty Credit Risk: Securities Collateral Counterparty Credit Risk: Cleaving and Settlement 13.Bank Insolvency and Sovereign Insolvency State Responsibility for Private Debt The Collapse of the Creditanstalt in 1931 Iceland's Banking Crisis Contents note continued: The Resolution of Sovereign Debt Crises Too Big to Fail: Bank Size and Sovereign Fiscal Capacity The Fiscal Cost of Implicit Guarantees for the Financial Sector 14.Bank Insolvency Law in the United Kingdom The Regulatory Background and Evolution from Northern Rock Overview of the Banking Act The SRR Objectives and the Treasury Code of Practice SRR Stabilization Powers and General Conditions SRR Stabilization Option 1 Transfer to a Private Sector Purchaser SRR Stabilization Option 2 Transfer to a Bridge Bank SRR Stabilization Option 3 Transfer to Temporary Public Ownership Bank Insolvency Bank Administration SRR Safeguards Recovery and Resolution Plans 15.US Bank Resolution Reform: Then and Again Reforms to US Resolution Regime Following the S&​L Crisis Performance of the 1990s Reforms in the 2008 Financial Crisis The New View of Systemic Risk and Prudential Regulation Contents note continued: Resolution Reform in the USA Reform for Troubled Institutions Then and Again 16.International Lessons from Lehman's' Failure: A Cross-Border No Man's Land Overview Regulatory Holes and Distant Early Warnings Conclusion N2 - This timely book analyzes and discuss the various issues associated with cross-border bank insolvency following the financial crisis. Though financial markets and institutions have become international in recent years, regulation remains constrained by the domain of domestic jurisdictions. This dichotomy poses challenges for regulators and policy makers. If at the national level, bank crisis management is complex (with the involvement of several authorities and the interests of many stakeholders), this complexity is far greater in the case of cross-border bank crisis management, both at the EU level and at the international level UR - http://www.us.oup.com/us/catalog/general/subject/Law/BankingInsuranceandSecuritiesLaw/?view=usa&sf=toc&ci=9780199577071 ER -