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. Additionally, country reports of all major jurisdictions provide comprehensive overviews of the current state.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.
Contents:PART I INTRODUCTORY CHAPTERS1. Too Big to Fail: A Policy's Beginning, Middle and End (?)Thomas F. Huertas2. Central Banks, Systemic Lending, and Collateral Markets Jose Gabilondo3. A Fiscal Backstop to the Banking SystemDirk Schoenmaker4. Large Scale Bank Insolvencies and the Challenges Ahead Andrew Campbell and Paula MoffattPART II EU AUTHORITIES PERSPECTIVE5. The EU Resolution ToolboxMichael Schillig6. Cross-border Cooperation between Resolution Authorities in the BRRDVincenzo Troiano7. The Single Resolution Mechanism in the European Banking Union: Legal Foundation, Governance Structure and Financing George S. Zavvos and Stella Kaltsouni 8. The European Stability Mechanism, A Crisis Tool Operating at Two JuncturesVestert Borger PART III BANK PERSPECTIVE 9. Regulatory Capital Requirements and Bail in MechanismsBart P.M. Joosen10. Rescuing Banks in Crisis: Towards a Theoretical Turnaround Management Perspective Jan Adriaanse, Jean-Pierre van der Rest and Tim Verdoes11. Resolution of Cross-border GroupsPaul Davies12. Bank Structural Reform: Too Big to Fail, Too Big to Save and Too Complex to Manage, Supervise and Resolve? Alexandria Carr13. Implications for the Corporate Governance Structures of Banks Tom DijkhuizenPART IV COUNTERPARTY PERSPECTIVE14. Set-off, Netting and Close-out NettingFrancisco Garcimartin and Maria Isabel Saez15. Deposit Guarantee SchemesBlanaid Clarke16. Legal and Operational Asset Segregation: European and Global DevelopmentsMatthias Haentjens and Pim Rank17. The Rule of Law: Protection of PropertyJacques Sluysmans, Willem Bosma, Matthijs Timmer and Nikky van TrietPART V COUNTRY REPORTS18. AustraliaRosalind Mason and Michael Murray19. ChinaKong Qingjiang and Sun Yinghui 20. GermanyAlexander Bornemann21. JapanTomoaki Hayashi22. UK (England & Wales)Louise Verrill and Paul Durban23. USADonald Bernstein and Reena Agrawal SahniPART VI CONCLUSIONS24. ConclusionsMatthias Haentjens and Bob Wessels