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IX Provisional Administration Under the Banking Law

IX Provisional Administration Under the Banking Law »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

1. General Issues Provisional administration, or conservatorship as it is sometimes called, is a bank administration procedure for managing and operating a bank in distress back to c...

Legal Aspects of Regulatory Treatment of Banks in Distress

Legal Aspects of Regulatory Treatment of Banks in Distress »

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

DOI: http://dx.doi.org/10.5089/9781557759726.071

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

This book analyzes and compares the laws of selected industrial countries that are representative of the different approaches to the treatment of banks in distress. It addresses only those banking and economic poli...

Front Matter

Front Matter »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

This book analyzes and compares the laws of selected industrial countries that are representative of the different approaches to the treatment of banks in distress. It addresses only those banking and economic poli...

Overview

Overview »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

During the last two decades, the deregulation of domestic and international banking transactions and the growth of national and international capital markets have had profound effects on the business of bank...

V Corrective Action: Categories

V Corrective Action: Categories »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

1. Choice of Corrective Action The same two legislative approaches that were identified with respect to the grounds for corrective action apply to the choice of corrective action....

VI Exceptional Financial Support to Insolvent Banks

VI Exceptional Financial Support to Insolvent Banks »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

As treated here, exceptional financial support is provided to a bank only when it is insolvent. It should be distinguished from liquidity support provided to banks by a central bank as lender of last resort....

VII Special Moratorium on Debt Service by Banks Under the Banking Law

VII Special Moratorium on Debt Service by Banks Under the Banking Law »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

1. General Observations Usually, regulatory corrective action cannot be kept secret. When it becomes public knowledge, it may trigger a run on the bank in distress. To reduce the ris...

VIII Taking Control of a Bank Under the Banking Law: Common Issues

VIII Taking Control of a Bank Under the Banking Law: Common Issues »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

1. Survey of Procedures In most countries, the corrective measures described in the foregoing must be administered to a bank within its existing governance structure. Bank owners ret...

X Receivership Under the Banking Law

X Receivership Under the Banking Law »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

1. General Issues As treated in this book, receivership is a bank administration procedure for the restructuring or the closure and liquidation of banks by a receiver. It should be d...

XI Bank Resolution Procedures Used in a Banking Law Receivership

XI Bank Resolution Procedures Used in a Banking Law Receivership »

Source: Legal Aspects of Regulatory Treatment of Banks in Distress

Series: Books

Author(s): T. Asser

Publisher: INTERNATIONAL MONETARY FUND

Publication Date: 18 April 2001

ISBN: 9781557759726

Keywords: law, bank regulator, banking law, banking system

1. Principle Procedures Bank resolution procedures are used to dispose of a bank. Generally, therefore, they come into play only while the bank is in receivership or when insolvency...