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This book analyses the legal regimes governing bank crisis
management in the EU, UK, and US, discussing the different
procedures and tools available as well as the regulatory
architecture and the authorities involved. Building on a broad
working definition of 'bank crisis management' and referring to
several cases, the book explores the techniques and approaches
employed by the authorities to deal with troubled banks on both
sides of the Atlantic. The legal analysis distinguishes between
procedures and tools aimed at liquidating the bank in crisis
vis-a-vis those aimed at restructuring. In this regard, attention
is paid to the rules allowing for the use of public money in
handling banks in trouble as well as to the role that deposit
insurance schemes can play. Considerations on the impact on banks
of the current crisis provoked by the COVID-19 pandemic are
advanced, primarily focusing on the expected surge of
non-performing loans as well as on ways to effectively manage these
assets. The book approaches these issues from a comparative law
perspective, providing law and economics considerations and
focusing on strengths and drawbacks of the rules currently in
force. The book advances policy considerations as well as reform
proposals aiming at enhancing the legal regimes in force, with
particular reference to the Consultation promoted in 2021 by the
European Commission on the adoption of a new bank crisis management
and deposit insurance framework in the Union.
This book analyses the legal regimes governing bank crisis
management in the EU, UK, and US, discussing the different
procedures and tools available as well as the regulatory
architecture and the authorities involved. Building on a broad
working definition of ‘bank crisis management’ and referring to
several cases, the book explores the techniques and approaches
employed by the authorities to deal with troubled banks on both
sides of the Atlantic. The legal analysis distinguishes between
procedures and tools aimed at liquidating the bank in crisis
vis-Ã -vis those aimed at restructuring. In this regard,
attention is paid to the rules allowing for the use of public money
in handling banks in trouble as well as to the role that deposit
insurance schemes can play. Considerations on the impact on banks
of the current crisis provoked by the COVID-19 pandemic are
advanced, primarily focusing on the expected surge of
non-performing loans as well as on ways to effectively manage these
assets. The book approaches these issues from a comparative law
perspective, providing law and economics considerations and
focusing on strengths and drawbacks of the rules currently in
force. The book advances policy considerations as well as reform
proposals aiming at enhancing the legal regimes in force, with
particular reference to the Consultation promoted in 2021 by the
European Commission on the adoption of a new bank crisis management
and deposit insurance framework in the Union.
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