The Bank Recovery and Resolution Directive and the Single Resolution Mechanism
Preadviezen/Reports 2014
- 93 pages
- English
- PDF
- Available on iOS & Android
The Bank Recovery and Resolution Directive and the Single Resolution Mechanism
Preadviezen/Reports 2014
About this book
The new European rules on bank insolvency seek to prevent future government-funded bailouts. Instead, risks should be internalized by the participants. The rules in the Bank Recovery and Resolution Directive, and also the Single Resolution Mechanism, seek to mimic the outcome of a normal insolvency procedures, without actually letting a failing institution enter full insolvency procedures. The rules enacted are of critical importance to a healthier and more stable financial sector. This book presents three reports in which the new rules are explained and criticized where needed. Professor Joossen discusses the bail-in mechanisms, while Saskia M.C. Nuijten analyzes the legal protection offered to stakeholders against intervention under the Single Resolution Mechanism-or the lack thereof. Finally, Patricky Clancy considers the potential use of the new resolution tools in the context of counterparties, in particular repo and derivative counterparties to a financial institution. [Subject: Commercial Law, Comparative Law, Banking Law]
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Table of contents
- Cover
- Table of Contents
- Legal Protection against Actions under the Single Resolution Mechanism – or the Lack of It
- Bail-In Mechanisms in the Bank Recovery and Resolution Directive
- The Single Resolution Mechanism: Position of Counterparties, Especially in Repos and Derivatives Contracts
- Report of the Annual Conference of the Netherlands Association for Comparative and International Insolvency Law on 6 November 2014