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Table of Contents
1. International Bank Crisis Management: Framing the Key Definitions and Drawing the Perimeter of the Analysis : I. Introduction ; II. Bank Crisis Management: Framing the Key Definitions ; III. Other Relevant Definitions ; IV. Jurisdiction-Specific Definitions ; V. The Perimeter of the Analysis
2. The Bank Supervisory and Crisis Management Architecture in the EU, UK and US : I. Introduction ; II. The European Banking Union ; III. The UK Bank Supervisory and Crisis Management Architecture ; IV. The US Bank Supervisory and Crisis Management Architecture
3. The First Lines of Defence: Bank Capital and Early Intervention Measures : I. Introduction ; II. The Concept of Capital and the Rationale behind Minimum Bank Capital Requirements ; III. Capital Requirements and the Role of the Basel Committee on Banking Supervision ; IV. The Adoption of Basel I ; V. The Adoption of Basel II ; VI. The Adoption of Basel III ; VII. The Adoption of Basel IV ; VIII. Early Intervention Measures ; IX. The Effectiveness of Capital and Early Intervention Measures as First Lines of Defence
4. The Crisis of Non-Systemic Institutions: Bank Insolvency Regimes : I. Introduction ; II. The New EU Regime and its Weaknesses ; III. Towards the Establishment of a New EU Harmonised Bank Insolvency Regime Inspired by the Italian, UK and US Frameworks and Experiences ; IV. The Italian Legal Framework ; V. Compulsory Administrative Liquidation under Italian Law ; VI. Bank Liquidation and the EU State Aid Framework: The So-called Liquidation Aid ; VII. The UK Regime ; VIII. The US Regime ; IX. Receivership ; X. The FDIC Strategies ; XI. Concluding Remarks.
5. The Crisis of Systemic Institutions: Resolution and Orderly Liquidation Authority : I. Introduction ; II. Resolution in the EU ; III. The Resolution Tools ; IV. Bail-in ; V. Resolution Funds ; VI. The Provision of Public Funds in the Context of Resolution and the Interaction between the Resolution Regime and the State Aid Framework ; VII. Impediments to Resolvability ; VIII. Resolution within the Banking Union ; IX. The UK Regime ; X. The US Regime: The Orderly Liquidation Authority ; XI. Concluding Remarks
6. Deposit Guarantee Schemes : I. Introduction ; II. The Functions Performed by Deposit Guarantee Schemes in Bank Crises ; III. The Interplay between the Legislation on DGSs and the State Aid Regime ; IV. The Key Contributions of DGSs in Handling Bank Crises ; V. The General Court of the European Union and the Court of Justice of the European Union Judgments in the Banca Tercas Case ; VI. The Current Legal Constraints to DGSs' Optional Interventions in Bank Crises ; VII. Deposit Insurance in the US ; VIII. A Limited-Scope Reform Proposal to Allow DGSs to Play a Leading Role in Bank Crises
7. The Legacy of the COVID-19 Crisis: The Non-Performing Loan Problem : I. Introduction ; II. Non-Performing Loans ; III. How to Tackle the Non-Performing Loan Problem: Asset Management Companies ; IV. Types of NPLs to Transfer ; V. Transfer Price ; VI. Capital and Funding Structure and Governance Arrangements ; VII. Concluding Remarks
8. Conclusions.
2. The Bank Supervisory and Crisis Management Architecture in the EU, UK and US : I. Introduction ; II. The European Banking Union ; III. The UK Bank Supervisory and Crisis Management Architecture ; IV. The US Bank Supervisory and Crisis Management Architecture
3. The First Lines of Defence: Bank Capital and Early Intervention Measures : I. Introduction ; II. The Concept of Capital and the Rationale behind Minimum Bank Capital Requirements ; III. Capital Requirements and the Role of the Basel Committee on Banking Supervision ; IV. The Adoption of Basel I ; V. The Adoption of Basel II ; VI. The Adoption of Basel III ; VII. The Adoption of Basel IV ; VIII. Early Intervention Measures ; IX. The Effectiveness of Capital and Early Intervention Measures as First Lines of Defence
4. The Crisis of Non-Systemic Institutions: Bank Insolvency Regimes : I. Introduction ; II. The New EU Regime and its Weaknesses ; III. Towards the Establishment of a New EU Harmonised Bank Insolvency Regime Inspired by the Italian, UK and US Frameworks and Experiences ; IV. The Italian Legal Framework ; V. Compulsory Administrative Liquidation under Italian Law ; VI. Bank Liquidation and the EU State Aid Framework: The So-called Liquidation Aid ; VII. The UK Regime ; VIII. The US Regime ; IX. Receivership ; X. The FDIC Strategies ; XI. Concluding Remarks.
5. The Crisis of Systemic Institutions: Resolution and Orderly Liquidation Authority : I. Introduction ; II. Resolution in the EU ; III. The Resolution Tools ; IV. Bail-in ; V. Resolution Funds ; VI. The Provision of Public Funds in the Context of Resolution and the Interaction between the Resolution Regime and the State Aid Framework ; VII. Impediments to Resolvability ; VIII. Resolution within the Banking Union ; IX. The UK Regime ; X. The US Regime: The Orderly Liquidation Authority ; XI. Concluding Remarks
6. Deposit Guarantee Schemes : I. Introduction ; II. The Functions Performed by Deposit Guarantee Schemes in Bank Crises ; III. The Interplay between the Legislation on DGSs and the State Aid Regime ; IV. The Key Contributions of DGSs in Handling Bank Crises ; V. The General Court of the European Union and the Court of Justice of the European Union Judgments in the Banca Tercas Case ; VI. The Current Legal Constraints to DGSs' Optional Interventions in Bank Crises ; VII. Deposit Insurance in the US ; VIII. A Limited-Scope Reform Proposal to Allow DGSs to Play a Leading Role in Bank Crises
7. The Legacy of the COVID-19 Crisis: The Non-Performing Loan Problem : I. Introduction ; II. Non-Performing Loans ; III. How to Tackle the Non-Performing Loan Problem: Asset Management Companies ; IV. Types of NPLs to Transfer ; V. Transfer Price ; VI. Capital and Funding Structure and Governance Arrangements ; VII. Concluding Remarks
8. Conclusions.