European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms
The process of bank resolution, or the procedure for handling insolvency of banks using a range of tools, including alternatives to standard bankruptcy processes, has gained major traction since the experience of the 2008-09 financial crisis. In th...
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| Format: | Other Financial Sector Study |
| Language: | English en_US |
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Washington, DC
2013
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| Online Access: | http://documents.worldbank.org/curated/en/2012/03/16422290/european-best-practice-bank-resolution-mechanisms-assessment-recommendations-policy-legal-reforms http://hdl.handle.net/10986/12817 |
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okr-10986-12817 |
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oai_dc |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
| building |
World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English en_US |
| topic |
ACCESS TO DEPOSITS ACCOUNTING ACCOUNTING PERIOD ALLOCATION OF ASSETS ASSET MANAGEMENT ASSET VALUE ASSETS ASSUMPTION OF LIABILITIES AUTONOMY BAD ASSETS BALANCE SHEET BALANCE SHEETS BANK DEBT BANK FAILURE BANK FAILURES BANK INSOLVENCY FRAMEWORK BANK INSOLVENCY LAW BANK LIABILITIES BANK OWNERS BANKING INDUSTRY BANKING LAW BANKING LAWS BANKING SECTOR BANKING SERVICES BANKING SUPERVISION BANKRUPTCY BANKRUPTCY LAW BANKRUPTCY LAWS BANKRUPTCY PROCEEDINGS BANKRUPTCY PROCESSES BANKS CAPITAL ADEQUACY CAPITAL ADEQUACY REQUIREMENTS CAPITAL INJECTIONS CAPITAL REQUIREMENTS CENTRAL BANKS CLAIMANTS COLLATERAL COLLATERALIZATION COLLECTION EFFORTS COMPANY LAW COMPARATIVE LAW CONTRACTUAL SAVINGS CONTRACTUAL SAVINGS INSTITUTIONS CONVERSION OF DEBT CONVERSION OF DEBT TO EQUITY CORPORATE GOVERNANCE CORPORATE INSOLVENCY CORPORATE INSOLVENCY FRAMEWORK CORPORATE INSOLVENCY LAW CORPORATE INSOLVENCY PROCEEDING CREDIBILITY CREDIT INSTITUTION CREDIT INSTITUTIONS CREDIT UNIONS CREDITOR CREDITOR CLAIMS CROSS-BORDER INSOLVENCY DEBT DEBT HOLDERS DEBT INSTRUMENTS DEBT OBLIGATIONS DEPENDENT DEPOSIT DEPOSIT GUARANTEE DEPOSIT INSURANCE DEPOSIT INSURANCE AGENCIES DEPOSIT INSURANCE AGENCY DEPOSIT INSURANCE FUND DEPOSIT INSURANCE SCHEME DEPOSIT INSURER DEPOSITORS DEPOSITS DERIVATIVE DISCRETIONARY POWERS DISPOSITION DISTRESSED BANKS ECONOMIC CONDITIONS EQUITY INTEREST EQUITY RATIOS FAIR VALUATION FINAL LIQUIDATION FINANCIAL ASSETS FINANCIAL AUTHORITIES FINANCIAL CRISIS FINANCIAL DISTRESS FINANCIAL INFRASTRUCTURE FINANCIAL INSTITUTION FINANCIAL INSTITUTIONS FINANCIAL INSTRUMENTS FINANCIAL POSITION FINANCIAL REGULATION FINANCIAL REORGANIZATION FINANCIAL RESTRUCTURING FINANCIAL RISKS FINANCIAL SERVICES FINANCIAL STABILITY FINANCIAL STRUCTURE FINANCIAL SYSTEM FINANCIAL SYSTEMS FRAMEWORK FOR BANK INSOLVENCY GOING CONCERN GOING-CONCERN GUARANTEE FUNDS INSOLVENCIES INSOLVENCY INSOLVENCY LAW INSOLVENCY LAWS INSOLVENCY PRACTITIONERS INSOLVENCY PROBLEMS INSOLVENCY PROCEDURES INSOLVENCY PROCEEDING INSOLVENCY PROCEEDINGS INSOLVENCY REGIME INSOLVENCY RISKS INSOLVENT INSOLVENT BANK INSURANCE COMPANIES INSURANCE COMPANY INSURED DEPOSITS INTEREST OF DEPOSITORS INTERESTS OF CREDITORS JUDGES JUDGMENT JUDICIAL REVIEW JURISDICTION JURISDICTIONS LAST RESORT LAWS LEGAL FRAMEWORK LEGAL POWERS LEGAL PROVISIONS LEGAL REFORMS LEGISLATION LEGISLATIVE FRAMEWORKS LIABILITY LIQUIDATION LIQUIDATION OF ASSETS LIQUIDITY LOAN LOAN CLASSIFICATION LOAN PORTFOLIO LOAN PORTFOLIOS LOAN RECOVERIES LOSSES TO DEPOSITORS MANDATE MARKET DISCIPLINE MARKET MECHANISMS MARKET PARTICIPANTS MERGER MINISTRIES OF FINANCE MODERN BANKRUPTCY MORAL HAZARD MORTGAGE MORTGAGE DEBT NET LOSS NET LOSSES NET VALUE NEW BANKING ACT OFF BALANCE SHEET ORDERLY LIQUIDATIONS ORDINARY BANKRUPTCY PARTIAL TRANSFER PAYMENT OF CLAIMS PAYMENTS SYSTEM PENALTIES PIECEMEAL LIQUIDATION PRESENT VALUE PRIVATE INTERNATIONAL LAW PROBLEM BANKS PROMPT PAYMENT PROPERTY RIGHTS PROSPECTIVE BIDDERS PRUDENTIAL REQUIREMENTS PUBLIC POLICY PURCHASE AND ASSUMPTION TRANSACTION RECAPITALIZATION REGULATORY FORBEARANCE REGULATORY FRAMEWORK REGULATORY FRAMEWORKS REGULATORY INSOLVENCY REHABILITATION PLAN REHABILITATION PLANS REHABILITATION PROCEEDINGS REMEDIES REMEDY REORGANIZATION REORGANIZATION PROCEEDINGS RESOLUTION MECHANISMS RISK MANAGEMENT RISK TAKING RULE OF LAW SALARY SAVINGS SHAREHOLDER RIGHTS SOLVENT SOLVENT BANKS SUBSIDIARIES SUPERVISORY AGENCIES SUPERVISORY AUTHORITIES SUPERVISORY POWERS TECHNICAL ASSISTANCE TRANSFER OF ASSETS TREATMENT OF CREDITORS UNDERLYING ASSET UNDERLYING ASSETS UNSECURED CREDITORS VALUE OF ASSETS WINDING UP WRITE OFFS |
| spellingShingle |
ACCESS TO DEPOSITS ACCOUNTING ACCOUNTING PERIOD ALLOCATION OF ASSETS ASSET MANAGEMENT ASSET VALUE ASSETS ASSUMPTION OF LIABILITIES AUTONOMY BAD ASSETS BALANCE SHEET BALANCE SHEETS BANK DEBT BANK FAILURE BANK FAILURES BANK INSOLVENCY FRAMEWORK BANK INSOLVENCY LAW BANK LIABILITIES BANK OWNERS BANKING INDUSTRY BANKING LAW BANKING LAWS BANKING SECTOR BANKING SERVICES BANKING SUPERVISION BANKRUPTCY BANKRUPTCY LAW BANKRUPTCY LAWS BANKRUPTCY PROCEEDINGS BANKRUPTCY PROCESSES BANKS CAPITAL ADEQUACY CAPITAL ADEQUACY REQUIREMENTS CAPITAL INJECTIONS CAPITAL REQUIREMENTS CENTRAL BANKS CLAIMANTS COLLATERAL COLLATERALIZATION COLLECTION EFFORTS COMPANY LAW COMPARATIVE LAW CONTRACTUAL SAVINGS CONTRACTUAL SAVINGS INSTITUTIONS CONVERSION OF DEBT CONVERSION OF DEBT TO EQUITY CORPORATE GOVERNANCE CORPORATE INSOLVENCY CORPORATE INSOLVENCY FRAMEWORK CORPORATE INSOLVENCY LAW CORPORATE INSOLVENCY PROCEEDING CREDIBILITY CREDIT INSTITUTION CREDIT INSTITUTIONS CREDIT UNIONS CREDITOR CREDITOR CLAIMS CROSS-BORDER INSOLVENCY DEBT DEBT HOLDERS DEBT INSTRUMENTS DEBT OBLIGATIONS DEPENDENT DEPOSIT DEPOSIT GUARANTEE DEPOSIT INSURANCE DEPOSIT INSURANCE AGENCIES DEPOSIT INSURANCE AGENCY DEPOSIT INSURANCE FUND DEPOSIT INSURANCE SCHEME DEPOSIT INSURER DEPOSITORS DEPOSITS DERIVATIVE DISCRETIONARY POWERS DISPOSITION DISTRESSED BANKS ECONOMIC CONDITIONS EQUITY INTEREST EQUITY RATIOS FAIR VALUATION FINAL LIQUIDATION FINANCIAL ASSETS FINANCIAL AUTHORITIES FINANCIAL CRISIS FINANCIAL DISTRESS FINANCIAL INFRASTRUCTURE FINANCIAL INSTITUTION FINANCIAL INSTITUTIONS FINANCIAL INSTRUMENTS FINANCIAL POSITION FINANCIAL REGULATION FINANCIAL REORGANIZATION FINANCIAL RESTRUCTURING FINANCIAL RISKS FINANCIAL SERVICES FINANCIAL STABILITY FINANCIAL STRUCTURE FINANCIAL SYSTEM FINANCIAL SYSTEMS FRAMEWORK FOR BANK INSOLVENCY GOING CONCERN GOING-CONCERN GUARANTEE FUNDS INSOLVENCIES INSOLVENCY INSOLVENCY LAW INSOLVENCY LAWS INSOLVENCY PRACTITIONERS INSOLVENCY PROBLEMS INSOLVENCY PROCEDURES INSOLVENCY PROCEEDING INSOLVENCY PROCEEDINGS INSOLVENCY REGIME INSOLVENCY RISKS INSOLVENT INSOLVENT BANK INSURANCE COMPANIES INSURANCE COMPANY INSURED DEPOSITS INTEREST OF DEPOSITORS INTERESTS OF CREDITORS JUDGES JUDGMENT JUDICIAL REVIEW JURISDICTION JURISDICTIONS LAST RESORT LAWS LEGAL FRAMEWORK LEGAL POWERS LEGAL PROVISIONS LEGAL REFORMS LEGISLATION LEGISLATIVE FRAMEWORKS LIABILITY LIQUIDATION LIQUIDATION OF ASSETS LIQUIDITY LOAN LOAN CLASSIFICATION LOAN PORTFOLIO LOAN PORTFOLIOS LOAN RECOVERIES LOSSES TO DEPOSITORS MANDATE MARKET DISCIPLINE MARKET MECHANISMS MARKET PARTICIPANTS MERGER MINISTRIES OF FINANCE MODERN BANKRUPTCY MORAL HAZARD MORTGAGE MORTGAGE DEBT NET LOSS NET LOSSES NET VALUE NEW BANKING ACT OFF BALANCE SHEET ORDERLY LIQUIDATIONS ORDINARY BANKRUPTCY PARTIAL TRANSFER PAYMENT OF CLAIMS PAYMENTS SYSTEM PENALTIES PIECEMEAL LIQUIDATION PRESENT VALUE PRIVATE INTERNATIONAL LAW PROBLEM BANKS PROMPT PAYMENT PROPERTY RIGHTS PROSPECTIVE BIDDERS PRUDENTIAL REQUIREMENTS PUBLIC POLICY PURCHASE AND ASSUMPTION TRANSACTION RECAPITALIZATION REGULATORY FORBEARANCE REGULATORY FRAMEWORK REGULATORY FRAMEWORKS REGULATORY INSOLVENCY REHABILITATION PLAN REHABILITATION PLANS REHABILITATION PROCEEDINGS REMEDIES REMEDY REORGANIZATION REORGANIZATION PROCEEDINGS RESOLUTION MECHANISMS RISK MANAGEMENT RISK TAKING RULE OF LAW SALARY SAVINGS SHAREHOLDER RIGHTS SOLVENT SOLVENT BANKS SUBSIDIARIES SUPERVISORY AGENCIES SUPERVISORY AUTHORITIES SUPERVISORY POWERS TECHNICAL ASSISTANCE TRANSFER OF ASSETS TREATMENT OF CREDITORS UNDERLYING ASSET UNDERLYING ASSETS UNSECURED CREDITORS VALUE OF ASSETS WINDING UP WRITE OFFS World Bank European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms |
| geographic_facet |
Europe and Central Asia Europe North America Eastern Europe European Union Croatia Czech Republic Germany Spain United Kingdom UNITED STATES |
| description |
The process of bank resolution, or the
procedure for handling insolvency of banks using a range of
tools, including alternatives to standard bankruptcy
processes, has gained major traction since the experience of
the 2008-09 financial crisis. In this context, this report
reviews models for bank resolution that provide increased
flexibility and describes several of the supervisory, legal
and instrumental tools that can be used under modernized
bank resolution procedures. As well, it looks at the recent
European Commission proposals on this matter which take into
account international best practices experiences. It also
highlights areas of reform and areas where further
regulatory considerations and priorities should be
considered. The report reviews the bank resolution regimes
of a group of European countries as well as those of two
non-EU countries to highlight advantages as well as gaps in
the legal and regulatory frameworks. This report surveys the
banking and deposit insurance laws of six European countries
: Poland, the Czech Republic, Germany, Spain, the U.K., and
Croatia. Remedial enforcement measures for distressed banks
and for bank resolution reveals that adoption of the EU
legislative proposals, as described in the EC Communication,
would require significant changes in legislation in four of
the six countries. The report also reviews the laws of
Canada and the U.S. for comparison, as implementation of
their laws has already utilized several of the resolution
instruments and mechanisms being considered. |
| format |
Economic & Sector Work :: Other Financial Sector Study |
| author |
World Bank |
| author_facet |
World Bank |
| author_sort |
World Bank |
| title |
European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms |
| title_short |
European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms |
| title_full |
European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms |
| title_fullStr |
European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms |
| title_full_unstemmed |
European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms |
| title_sort |
european and best practice bank resolution mechanisms : an assessment and recommendations for policy and legal reforms |
| publisher |
Washington, DC |
| publishDate |
2013 |
| url |
http://documents.worldbank.org/curated/en/2012/03/16422290/european-best-practice-bank-resolution-mechanisms-assessment-recommendations-policy-legal-reforms http://hdl.handle.net/10986/12817 |
| _version_ |
1764421266011324416 |
| spelling |
okr-10986-128172021-04-23T14:03:04Z European and Best Practice Bank Resolution Mechanisms : An Assessment and Recommendations for Policy and Legal Reforms World Bank ACCESS TO DEPOSITS ACCOUNTING ACCOUNTING PERIOD ALLOCATION OF ASSETS ASSET MANAGEMENT ASSET VALUE ASSETS ASSUMPTION OF LIABILITIES AUTONOMY BAD ASSETS BALANCE SHEET BALANCE SHEETS BANK DEBT BANK FAILURE BANK FAILURES BANK INSOLVENCY FRAMEWORK BANK INSOLVENCY LAW BANK LIABILITIES BANK OWNERS BANKING INDUSTRY BANKING LAW BANKING LAWS BANKING SECTOR BANKING SERVICES BANKING SUPERVISION BANKRUPTCY BANKRUPTCY LAW BANKRUPTCY LAWS BANKRUPTCY PROCEEDINGS BANKRUPTCY PROCESSES BANKS CAPITAL ADEQUACY CAPITAL ADEQUACY REQUIREMENTS CAPITAL INJECTIONS CAPITAL REQUIREMENTS CENTRAL BANKS CLAIMANTS COLLATERAL COLLATERALIZATION COLLECTION EFFORTS COMPANY LAW COMPARATIVE LAW CONTRACTUAL SAVINGS CONTRACTUAL SAVINGS INSTITUTIONS CONVERSION OF DEBT CONVERSION OF DEBT TO EQUITY CORPORATE GOVERNANCE CORPORATE INSOLVENCY CORPORATE INSOLVENCY FRAMEWORK CORPORATE INSOLVENCY LAW CORPORATE INSOLVENCY PROCEEDING CREDIBILITY CREDIT INSTITUTION CREDIT INSTITUTIONS CREDIT UNIONS CREDITOR CREDITOR CLAIMS CROSS-BORDER INSOLVENCY DEBT DEBT HOLDERS DEBT INSTRUMENTS DEBT OBLIGATIONS DEPENDENT DEPOSIT DEPOSIT GUARANTEE DEPOSIT INSURANCE DEPOSIT INSURANCE AGENCIES DEPOSIT INSURANCE AGENCY DEPOSIT INSURANCE FUND DEPOSIT INSURANCE SCHEME DEPOSIT INSURER DEPOSITORS DEPOSITS DERIVATIVE DISCRETIONARY POWERS DISPOSITION DISTRESSED BANKS ECONOMIC CONDITIONS EQUITY INTEREST EQUITY RATIOS FAIR VALUATION FINAL LIQUIDATION FINANCIAL ASSETS FINANCIAL AUTHORITIES FINANCIAL CRISIS FINANCIAL DISTRESS FINANCIAL INFRASTRUCTURE FINANCIAL INSTITUTION FINANCIAL INSTITUTIONS FINANCIAL INSTRUMENTS FINANCIAL POSITION FINANCIAL REGULATION FINANCIAL REORGANIZATION FINANCIAL RESTRUCTURING FINANCIAL RISKS FINANCIAL SERVICES FINANCIAL STABILITY FINANCIAL STRUCTURE FINANCIAL SYSTEM FINANCIAL SYSTEMS FRAMEWORK FOR BANK INSOLVENCY GOING CONCERN GOING-CONCERN GUARANTEE FUNDS INSOLVENCIES INSOLVENCY INSOLVENCY LAW INSOLVENCY LAWS INSOLVENCY PRACTITIONERS INSOLVENCY PROBLEMS INSOLVENCY PROCEDURES INSOLVENCY PROCEEDING INSOLVENCY PROCEEDINGS INSOLVENCY REGIME INSOLVENCY RISKS INSOLVENT INSOLVENT BANK INSURANCE COMPANIES INSURANCE COMPANY INSURED DEPOSITS INTEREST OF DEPOSITORS INTERESTS OF CREDITORS JUDGES JUDGMENT JUDICIAL REVIEW JURISDICTION JURISDICTIONS LAST RESORT LAWS LEGAL FRAMEWORK LEGAL POWERS LEGAL PROVISIONS LEGAL REFORMS LEGISLATION LEGISLATIVE FRAMEWORKS LIABILITY LIQUIDATION LIQUIDATION OF ASSETS LIQUIDITY LOAN LOAN CLASSIFICATION LOAN PORTFOLIO LOAN PORTFOLIOS LOAN RECOVERIES LOSSES TO DEPOSITORS MANDATE MARKET DISCIPLINE MARKET MECHANISMS MARKET PARTICIPANTS MERGER MINISTRIES OF FINANCE MODERN BANKRUPTCY MORAL HAZARD MORTGAGE MORTGAGE DEBT NET LOSS NET LOSSES NET VALUE NEW BANKING ACT OFF BALANCE SHEET ORDERLY LIQUIDATIONS ORDINARY BANKRUPTCY PARTIAL TRANSFER PAYMENT OF CLAIMS PAYMENTS SYSTEM PENALTIES PIECEMEAL LIQUIDATION PRESENT VALUE PRIVATE INTERNATIONAL LAW PROBLEM BANKS PROMPT PAYMENT PROPERTY RIGHTS PROSPECTIVE BIDDERS PRUDENTIAL REQUIREMENTS PUBLIC POLICY PURCHASE AND ASSUMPTION TRANSACTION RECAPITALIZATION REGULATORY FORBEARANCE REGULATORY FRAMEWORK REGULATORY FRAMEWORKS REGULATORY INSOLVENCY REHABILITATION PLAN REHABILITATION PLANS REHABILITATION PROCEEDINGS REMEDIES REMEDY REORGANIZATION REORGANIZATION PROCEEDINGS RESOLUTION MECHANISMS RISK MANAGEMENT RISK TAKING RULE OF LAW SALARY SAVINGS SHAREHOLDER RIGHTS SOLVENT SOLVENT BANKS SUBSIDIARIES SUPERVISORY AGENCIES SUPERVISORY AUTHORITIES SUPERVISORY POWERS TECHNICAL ASSISTANCE TRANSFER OF ASSETS TREATMENT OF CREDITORS UNDERLYING ASSET UNDERLYING ASSETS UNSECURED CREDITORS VALUE OF ASSETS WINDING UP WRITE OFFS The process of bank resolution, or the procedure for handling insolvency of banks using a range of tools, including alternatives to standard bankruptcy processes, has gained major traction since the experience of the 2008-09 financial crisis. In this context, this report reviews models for bank resolution that provide increased flexibility and describes several of the supervisory, legal and instrumental tools that can be used under modernized bank resolution procedures. As well, it looks at the recent European Commission proposals on this matter which take into account international best practices experiences. It also highlights areas of reform and areas where further regulatory considerations and priorities should be considered. The report reviews the bank resolution regimes of a group of European countries as well as those of two non-EU countries to highlight advantages as well as gaps in the legal and regulatory frameworks. This report surveys the banking and deposit insurance laws of six European countries : Poland, the Czech Republic, Germany, Spain, the U.K., and Croatia. Remedial enforcement measures for distressed banks and for bank resolution reveals that adoption of the EU legislative proposals, as described in the EC Communication, would require significant changes in legislation in four of the six countries. The report also reviews the laws of Canada and the U.S. for comparison, as implementation of their laws has already utilized several of the resolution instruments and mechanisms being considered. 2013-03-21T14:26:56Z 2013-03-21T14:26:56Z 2012-03-20 http://documents.worldbank.org/curated/en/2012/03/16422290/european-best-practice-bank-resolution-mechanisms-assessment-recommendations-policy-legal-reforms http://hdl.handle.net/10986/12817 English en_US CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank Washington, DC Economic & Sector Work :: Other Financial Sector Study Economic & Sector Work Europe and Central Asia Europe North America Eastern Europe European Union Croatia Czech Republic Germany Spain United Kingdom UNITED STATES |