Preventing Financial Chaos: An International Guide to Legal Rules and Operational Procedures for Handling Insolvent Banks

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041188487
Total Pages : 208 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Preventing Financial Chaos: An International Guide to Legal Rules and Operational Procedures for Handling Insolvent Banks by : Robert L. Ramsey

Download or read book Preventing Financial Chaos: An International Guide to Legal Rules and Operational Procedures for Handling Insolvent Banks written by Robert L. Ramsey and published by Kluwer Law International B.V.. This book was released on 2000-07-04 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a fundamental reason, the authors of this book contend, why national financial systems falter and collapse: the failure of central banks and other supervisory authorities to deal promptly and decisively with insolvent banks. In Preventing Financial Chaos, Ramsey and Head, both well-known to the international banking community for their restructuring services in developing and transitional economies, take a no-nonsense attitude and show exactly how to usher a problem bank out of the financial system in any country. Their clearly defined rules and procedures build disciplined, competent action that activates political will and successfully curtails systemic chaos. With this nuts-and-bolts guide, policymakers, legislators, central bank officials, and representatives of international financial institutions will be able to achieve the following: recognize, monitor and resolve bank failures; conduct timely and orderly closing of problem banks; and develop national legislation to prevent the spread of bank insolvency. The authors' firmly-held convictions about which choices should be made and why is sure to launch an important debate among lawyers, bankers and academics--a debate which will inevitably focus much-needed attention on one of the most urgent problems in today's interdependent world economic order.

Losing the Global Development War

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Publisher : BRILL
ISBN 13 : 9004161880
Total Pages : 369 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Losing the Global Development War by : John Warren Head

Download or read book Losing the Global Development War written by John Warren Head and published by BRILL. This book was released on 2008 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new perspective in examining the key global economic organizations - the International Monetary Fund, the World Bank (and its regional counterparts), and the World Trade Organization. Aimed at ordinary informed readers, the text draws upon the author's many years of familiarity with these organizations to evaluate them from a legal and policy perspective, touching on issues of "mission creep," "democracy deficit," and more. The book depicts such issues as the central struggles in a "Global Development War" that is now being lost because of certain ideological and institutional failings that currently afflict the global institutions. That war can be won, the author asserts, only by adopting an ideology of liberal, intelligent, participatory, multilateral, and sustainable human development.

The Future of the Global Economic Organizations

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Publisher : BRILL
ISBN 13 : 9004479678
Total Pages : 564 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Future of the Global Economic Organizations by : John Head

Download or read book The Future of the Global Economic Organizations written by John Head and published by BRILL. This book was released on 2021-10-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a skilled arms-length evaluation, from a legal perspective, of the main criticisms that have been leveled recently at the key global economic organizations – that is, the International Monetary Fund (IMF), the World Bank and its fellow multilateral developmental banks (MDBs), and the World Trade Organization (WTO). THE FUTURE OF THE GLOBAL ECONOMIC ORGANIZATIONS stands out from most of the growing body of literature on the IMF, MDBS, and the WTO in two main respects: the book’s scope and the author’s experience. Whereas numerous commentators have focused on particular strengths and weaknesses of one or the other of the GEOs, and have argued for changes on the basis of specific areas of operation, this book takes a wider view to examine all the GEOs at once. This broader scope reveals commonalities in the criticisms. For example, complaints about so-called “democracy deficit” obviously can be applied to all GEOs but with different nuances in emphasis and sting. Against the background of his own experience as a legal counsel for one of the regional MDBs and for the IMF and a legal career that has focused on international economic law, Head distills the swarm of complaints leveled at the IMF, MDBS, and the WTO into 25 specific criticisms and then offers succinct explanations of why some of those criticisms should be dismissed, why some of them are valid, and how those valid criticisms should form the basis for an important restructuring of the institutions, including amendments to the charters that establish and govern their operations. Head speaks largely to three audiences here: persons in various professional positions; persons in national governments and politics around the world who are responsible for implementing their government’s foreign policy; and to more general curious readers on whose involvement in civic life any society ultimately depends. Published under the Transnational Publishers imprint.

Who Pays for Bank Insolvency?

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Author :
Publisher : Springer
ISBN 13 : 0230523919
Total Pages : 399 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Who Pays for Bank Insolvency? by : D. Mayes

Download or read book Who Pays for Bank Insolvency? written by D. Mayes and published by Springer. This book was released on 2016-04-30 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to avoid taxpayers paying for bank failures and banking crises? This book provides a proposal and a critique by twelve independent experts. It is addressed particularly to the threat posed in Europe by having large international banks, a history of bailouts and limited means of resolving any future banking crises. It shows how political imperatives and legal constraints currently result in economic losses in many countries round the world.

Bankrupt

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Author :
Publisher : Stanford University Press
ISBN 13 : 0804760756
Total Pages : 537 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Bankrupt by : Terence Halliday

Download or read book Bankrupt written by Terence Halliday and published by Stanford University Press. This book was released on 2009-04-20 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the lens of the Asian Financial Crisis, this book documents how international organizations and national governments crafted legal responses, through corporate bankruptcy reforms, to the fragility of financial markets in East Asia and worldwide.

Set-Off Law and Practice

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Publisher : Oxford University Press
ISBN 13 : 0192536524
Total Pages : 729 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Set-Off Law and Practice by : William Johnston

Download or read book Set-Off Law and Practice written by William Johnston and published by Oxford University Press. This book was released on 2018-02-22 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1498336051
Total Pages : 77 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by : International Monetary Fund. Monetary and Capital Markets Department

Download or read book An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.

A Global Corporate Trust for Agroecological Integrity

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Author :
Publisher : Routledge
ISBN 13 : 1000020746
Total Pages : 304 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis A Global Corporate Trust for Agroecological Integrity by : John W. Head

Download or read book A Global Corporate Trust for Agroecological Integrity written by John W. Head and published by Routledge. This book was released on 2019-06-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines global environmental governance and how legal, institutional, and conceptual reform can facilitate a transformation to a new ‘natural-systems’ form of agriculture. Profound global climate disruption makes it essential that we replace our current agricultural system – described in this book as a fossil-carbon-dependent ‘modern extractive agriculture’ – with a natural-systems agriculture featuring perennial grains growing in polycultures, thereby mimicking the natural grassland and forest ecosystems that modern extractive agriculture has largely destroyed. After examining relevant international legal and conceptual foundations (sovereignty, federalism, global governance) and existing international organizations focusing on agriculture, the book explores legal and institutional opportunities to facilitate dramatic agricultural reform and ecological restoration. Among other things, it explains how innovative federalism structures around the world provide patterns for reorienting global environmental governance, including what the book calls eco-states that would, through exercise of pluralistic sovereignty, be responsible for agroecological management. Drawing from his experience working in international institutions, the author provides detailed global-governance proposals for facilitating the type of agricultural reform that can help avoid ecological collapse, especially through soil degradation and climate change. This book will be of great interest to students and scholars of international law, agroecology, climate change, ecological restoration, sustainable development, and global governance, as well as policy-makers and practitioners working in these fields.

Banks in Crisis

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Publisher :
ISBN 13 : 9781315182179
Total Pages : pages
Book Rating : 4.1/5 (821 download)

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Book Synopsis Banks in Crisis by : Andrew B. Campbell

Download or read book Banks in Crisis written by Andrew B. Campbell and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2002: A detailed and critical analysis of the various legal problems that arise when banks are in serious financial difficulty, Banks in Crisis offers an invaluable, international perspective on the concept and causes of bank failure. It takes an authoritative and much-needed look at a number of key issues including: - Effective bank regulation as an instrument in the possible prevention of banking crises, with particular reference to the role of the Financial Services Authority in the UK, and the impact of the Financial Services and Markets Act 2000 - The role of the Bank of England in the new regulatory landscape, with particular reference to its function as lender of last resort - The legal controls on those involved in the management of banks - Insolvency procedures and bank liquidation - The use of depositor protection schemes. By drawing conclusions and weighing up the methods available to promote stability, prevent failure and promote rescues where appropriate, Banks in Crisis is an essential read and a welcome addition to this crucial area of research."--Provided by publisher.

Out of Crisis

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Author :
Publisher : Routledge
ISBN 13 : 1317254910
Total Pages : 176 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Out of Crisis by : David A. Westbrook

Download or read book Out of Crisis written by David A. Westbrook and published by Routledge. This book was released on 2015-12-03 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Former Federal Reserve chair Greenspan recently said that the risk management paradigm is broken; thus our understanding of financial regulation no longer makes sense. More generally, the current financial crisis obliges us to rethink the relationships among "financial markets" and "governments." In Out of Crisis financial analyst David Westbrook illuminates the intellectual, business, and policy errors that have led us into the present morass. Through a vivid legal and political analysis he shows how the ideologies of the right and left have distorted financial thinking and policy. Learning from these errors, the book sketches the emergence of a new understanding of risk management and bureaucratic regulation. Out of Crisis begins the tasks of rethinking the structures that constitute financial markets and exploring how such structures may be strengthened. Taking responsibility for the markets we build to do so much of our society's work, we may yet become mature capitalists.

International Insolvency and Finance Law

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Author :
Publisher : Routledge
ISBN 13 : 100061090X
Total Pages : 118 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis International Insolvency and Finance Law by : Daniele D'Alvia

Download or read book International Insolvency and Finance Law written by Daniele D'Alvia and published by Routledge. This book was released on 2022-01-31 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.

Resolution of Financial Distress

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Publisher : World Bank Publications
ISBN 13 : 9780821349069
Total Pages : 428 pages
Book Rating : 4.3/5 (49 download)

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Book Synopsis Resolution of Financial Distress by : Stijn Claessens

Download or read book Resolution of Financial Distress written by Stijn Claessens and published by World Bank Publications. This book was released on 2001-01-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The understanding of the economic and legal structure of the institutions of bankruptcy has increased considerably over the past decade. This publication describes the state of current knowledge. Containing both theoretical studies and evidence from recent case studies, it shows the possibilities and methods of legal reform and the pitfalls of misguided political action.

Research Handbook on Crisis Management in the Banking Sector

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783474238
Total Pages : 640 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on Crisis Management in the Banking Sector by : Matthias Haentjens

Download or read book Research Handbook on Crisis Management in the Banking Sector written by Matthias Haentjens and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank’s counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.

Orderly and Effective Insolvency Procedures

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Author :
Publisher : International Monetary Fund
ISBN 13 : 9781557758200
Total Pages : 108 pages
Book Rating : 4.7/5 (582 download)

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Book Synopsis Orderly and Effective Insolvency Procedures by : International Monetary Fund

Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada by : Eva Helene Gertrude Hüpkes

Download or read book The Legal Aspects of Bank Insolvency:A Comparative Analysis of Western Europe, the United States and Canada written by Eva Helene Gertrude Hüpkes and published by Springer. This book was released on 2000-09-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until recent years, formal bank insolvency proceedings were rare occurrences, with governments more often than not coming to the rescue of failing banks. As a result, few studies relating to bank failure have paid much attention to the regulatory framework for failing banks and the conduct of formal bank insolvency proceedings. However, in the aftermath of the Asian financial crisis, more attention has been focused on issues of bank insolvency. Structural reforms in the banking sector of various Asian countries, in particular the implementation of effective exit rules to expel insolvent and non-viable banks from the market, have been considered of primary importance to restoring confidence in the troubled banking sector. In addition, the ability of governments within the European Union to rescue insolvent banks has been significantly limited by strict rules on competition, suggesting that failing banks will become increasingly subject to insolvency proceedings. The Legal Aspects of Bank Insolvency compares the legal framework for dealing with insolvent banks in Western Europe, the United States and Canada, identifying the distinctive features of each regime and discussing the main issues and choices in dealing with failing banks. It also examines the implications of a cross-border bank insolvency, and considers different approaches to the problems it raises, including the supranational approach of the proposed European Directive on the Reorganization and Winding-up of Credit Institutions. This work will be of value to lawmakers, to consultants and scholars engaged in technical assistance work, and to those who advise the legislators and officials involved in devising a legal framework for bank insolvency. It will also be of interest to practitioners and in-house counsel working in the field of banking and corporate law.

Financial Sector Crisis and Restructuring

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Author :
Publisher :
ISBN 13 : 9781557758712
Total Pages : 103 pages
Book Rating : 4.7/5 (587 download)

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Book Synopsis Financial Sector Crisis and Restructuring by : Carl-Johan Lindgren

Download or read book Financial Sector Crisis and Restructuring written by Carl-Johan Lindgren and published by . This book was released on 1999 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: An IMF paper reviewing the policy responses of Indonesia, Korea and Thailand to the 1997 Asian crisis, comparing the actions of these three countries with those of Malaysia and the Philippines. Although all judgements are still tentative, important lessons can be learned from the experiences of the last two years.

Bank Insolvency Law in Developing Economies

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000823636
Total Pages : 169 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Bank Insolvency Law in Developing Economies by : Kayode Akintola

Download or read book Bank Insolvency Law in Developing Economies written by Kayode Akintola and published by Taylor & Francis. This book was released on 2022-12-30 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.