Description:
This book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved.
Building on a broad working definition of 'bank crisis management' and referring to several cases, the book explores the techniques and approaches employed by the authorities to deal with troubled banks on both sides of the Atlantic. The legal analysis distinguishes between procedures and tools aimed at liquidating the bank in crisis vis-à-vis those aimed at restructuring. In this regard, attention is paid to the rules allowing for the use of public money in handling banks in trouble as well as to the role that deposit insurance schemes can play. Considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic are advanced, primarily focusing on the expected surge of non-performing loans as well as on ways to effectively manage these assets. The book approaches these issues from a comparative law perspective, providing law and economics considerations and focusing on strengths and drawbacks of the rules currently in force. The book advances policy considerations as well as reform proposals aiming at enhancing the legal regimes in force, with particular reference to the Consultation promoted in 2021 by the European Commission on the adoption of a new bank crisis management and deposit insurance framework in the Union.Brief description:
Teresa Rodríguez de las Heras Ballell is Associate Professor of Commercial Law at University Carlos III of Madrid, Spain. She is also currently Sir Roy Goode Scholar at UNIDROIT, Rome (2021-22) and previously held the Chair of Excellence at Harris Manchester College, Oxford University.
Teresa is an arbitrator at the Madrid Court of Arbitration and the Spanish Court of Arbitration, a member of the Spanish Advertising Standards Tribunal (Autocontrol), member of the European Commission Expert Group on Liability and New Technologies, member of European Union Expert Group for the Observatory on the Online Platform Economy, Delegate for Spain before UNIDROIT and UNCITRAL Working Group VI on Security Interests, and member nominated by UNIDROIT of the Expert Study Group on a Fourth Protocol for the Cape Town Convention on International Security Interests. She has held fellowships at the European Central Bank Legal Research Programme 2018 with a project on Fintech regulation, the Transatlantic Technology Law Forum, Stanford Law School, and was a Marie Curie Fellow at the Centre of European Law and Politics (ZERP), University of Bremen. In addition she has held visiting professorships at Oxford University, Toulouse 1 University Capitole, Columbia Law School, Tulane University Law School, the University of the Andes, the University of Turin, the University of Tokyo and University College London.Review Quotes: "This book presents a timely analysis of bank crisis management measures at various stages. It is a must-read for those who wish to grasp a full picture of what tools could be applied in a banking crisis." --Shuai Guo, International Insolvency Review