Unlike most nonfinancial corporations, in a market-based economy, banks are subject to a special regime of licensing, regulation, and supervision (hereinafter also “prudential regulation”). In a market-based economy, the function of banks differs from that of other enterprises, calling for special treatment of banks by the state.
Banks require a strong legal framework providing certainty concerning their rights and obligations under the law and permitting them to enforce their financial claims expeditiously and effectively against counterparties in default. Conversely, weaknesses in the legal system that create uncertainties concerning the existence and enforceability of property rights increase the risk that, as debtors hiding behind such weaknesses default on their obligations, banks will not be able to collect on their claims. Inefficiencies in the judicial processing of financial claims by banks may inhibit the marketing of financial assets and reduce their value; this often results in unhealthy accumulations of nonperforming assets on banks’ balance sheets, weakening the banking system as a whole. Meanwhile, banks will cover these risks and market inefficiencies in the form of higher charges, creating upward pressure on transaction costs throughout the economy.
Regulatory intervention includes all action taken by the bank regulator with respect to a bank in response to continuing violations of prudential law (banking law, implementing regulations, etc.) on the part of that bank. Thereby, the bank regulator intervenes directly or indirectly in the bank’s management and operations.
International Monetary Fund. Independent Evaluation Office
This paper discusses key issues related to the economy of Poland. Thanks to its sound policies, close links to the German supply chain, and substantial EU transfers, Poland is the only country in the European Union that avoided an outright recession during the global financial crisis. However, this strong performance has masked enduring regional disparities, which are undermining the quality of growth. Poland faces significant long-term challenges as an aging population weighs on potential growth and public finances. The new government, which took office in November, has approved a Responsible Development Plan, focused on spurring growth through innovation and reducing social and regional disparities.
International Monetary Fund. Monetary and Capital Markets Department
This paper assesses financial sector vulnerabilities, the policy oversight framework, bank resolution, and financial safety nets. The assessment is intended to help Moroccan government identify key sources of systemic risk in the financial sector and implement policies to enhance its resilience to shocks and contagion. Since the 2007 Financial Sector Assessment Program update, Morocco's financial system has grown in size and complexity, with increased links between the banking and insurance sectors and a significant expansion into sub-Saharan Africa. Although banks are adequately capitalized and profitable, with stable funding, they are vulnerable to large corporate defaults and deposit withdrawals. But the new banking law has helped in strengthening the banking sector.
In defining the authority of the regulator to order corrective action, most laws use permissive language and provide that the regulator may order the bank to take corrective measures. Some provisions of banking law, however, use mandatory language in providing remedial authority, requiring the regulator to take corrective action whenever a particular infraction has occurred and is continuing or a level of noncompliance described in the law has been reached.124
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 policy issues that are required for a proper understanding of the banking law or the legal strategies, procedures, and practices that have evolved in the treatment of banking problems. The book does not cover international aspects of bank insolvency, but rather has a domestic focus, given that bank regulation and supervision are still largely a national endeavor.
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 banking.
A moderate recovery has set in, supported by an increasing number of new firms and rising employment. Fiscal deficits are contained and some efforts are underway to assess and better address test banking sector weaknesses. However, the challenges of restoring financial stability, creating fiscal space, and achieving sustainable growth remain considerable.