COMMENT
Author:
HENRY N. SCHIFFMAN
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Language:
English
Print Publication Date:
20 May 1998
Keywords:
BOOK; bank; value; transaction; bank supervisor; debtor; settlement risk; derivatives contract; bank secrecy; value card; Currencies; Legal support in revenue administration; Credit; Global; North America; Europe; Caribbean; Eastern Europe; Asia and Pacific; bank conservatorship; supervisory authority; distressed bank; Bank solvency; Solvency; Bank legislation; Bank liquidation; Temporary administration

Abstract

Banks are highly regulated because of the nature of their liabilities—the savings of the public—and banks also provide the medium of the payment system; consequently, bank insolvency must be managed somewhat differently than the actual or impending insolvency of an industrial or commercial enterprise. Thus, the law should have distinctive provisions providing for the reorganization of a bank facing actual or impending insolvency.

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Cover Current Legal Issues Affecting Central Banks, Volume V
Current Legal Issues Affecting Central Banks, Volume V
ISBN:
9781557756954
Publication Date:
20 May 1998
Publisher:
International Monetary Fund
DOI:
https://doi.org/10.5089/9781557756954.071
Pages:
867
Front Matter
Chapter 1 Developments at the International Monetary Fund
Chapter 2 The World Bank in the Nineties
Chapter 3 Developments at the International Finance Corporation
Foreword to Chapters 4 and 5
Chapter 4 Foreign Exchange Settlement Risk
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Chapter 5 Cross-Border Electronic Banking: Perspectives on Systemic Risk and Sovereignty
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Afterword to Chapters 4 and 5
Foreword to Chapters 6 and 7
Chapter 6 Stored Value Products: A New Legal Challenge
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Chapter 7 Checks and Check Collection: A Comparison Between the Common Law and Geneva Systems
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Afterword to Chapters 6 and 7
Foreword to Chapters 8 and 9
Chapter 8 Comparative Banking Supervision
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Chapter 9 Bank Failure Case Histories
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Afterword to Chapters 8 and 9
Foreword to Chapters 10 and 11
Chapter 10 Internal Controls and Risk Management for Banks
Chapter 11 Sharing of Information Between Supervisory Authorities
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Afterword to Chapters 10 and 11
Chapter 12 Resolution of Sovereign Liquidity Crises: Basic Concepts and Issues
Chapter 13 Legal Framework for Dealing with Sovereign Debt Defaults
Chapter 14 Legal Remedies in the Event of a Sovereign Debt Default
Chapter 15 The Debt-Rescheduling Process: Pitfalls and Hazards
Afterword to Chapters 12 to 15
Foreword to Chapters 16 and 17
Chapter 16 Derivatives Activities of Banking Institutions: Initiatives for Supervision and Enhanced Disclosure
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Chapter 17 International Law of Bank Secrecy
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Chapter 18 Financial Services in the General Agreement on Trade in Services: Framework and the 1995 Negotiations
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Back Matter