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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...

I General Policy Considerations

I General Policy Considerations »

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. Special Treatment of Banks Unlike most nonfinancial corporations, in a market-based economy, banks are subject to a special regime of licensing, regulation, and supervision (herei...

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...

II General Legal Considerations

II General Legal Considerations »

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. The Law Governing Banking Activities Banks require a strong legal framework providing certainty concerning their rights and obligations under the law and permitting them to enforc...

III Regulatory Intervention: Common Issues

III Regulatory Intervention: 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. Categories and Objectives of Regulatory Intervention Regulatory intervention includes all action taken by the bank regulator with respect to a bank in response to continuing viola...

IV Corrective Action: Common Features

IV Corrective Action: Common Features »

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. Authority to Take Corrective Action In defining the authority of the regulator to order corrective action, most laws use permissive language and provide that the regulator may ord...

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...