
Preventing Financial Chaos: An International Guide to Legal Rules and Operational Procedures for Handling Insolvent Banks
Description
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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 inter-dependent world economic order.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Preface
- How to Use This Book
- Acknowledgments
- About the Authors
- Summary of Contents
- Table of Contents
- CHAPTER 1 Background: The Three Pillars of a Strong Financial System
- A. A Strong Central Bank
- B. Bank Supervision - Preventing Problems in the Banking System
- B1. Legal elements
- B2. Operational elements
- C. "Exit Policy" - Resolving Problems in the Banking System
- CHAPTER 2 Handling Problem Banks: Taking Enforcement and Remedial Measures Before Insolvency Strikes
- A. Legal Framework
- B. Operational Aspects of Enforcement and Remedial Measures
- CHAPTER 3 Causes, Definitions, and Resolution of Bank Insolvency
- A. Basic Causes of Insolvency
- B. Liquidity-Based Insolvency
- C. Book Insolvency
- D. Alternative Resolutions for an Insolvent Bank
- D1. Conservatorship or receivership?
- D2. Receivership-mandatory or permissive?
- D3. Alternative destinations under a receivership
- CHAPTER 4 Takeover (Closing) of the Insolvent Bank
- A. Preparation Duties of Inspectors
- A1. Notification of Imminent Insolvency
- A2. Notification of Systemic Concerns
- A3. Daily monitoring of the bank
- A4. Bank History
- A5. Affidavit
- A6. Chronology of Significant Events
- A7. Notification letters
- A8. Authorization Letter
- A9. Closing times (business hours) and timing of takeove
- A10. Preparation of bid information package
- A11. Bidders list
- A12. The bidders meeting
- A13. Licensing preparations
- A14. Other preparations
- B. Carrying Out the Closing
- B1. Receiver's personnel
- B2. Checklist of bank closing procedures
- CHAPTER 5 Receivership and Resolution
- A. Legal Framework - Aims, Grounds, Qualifications, Effects
- A1. Aims of a receivership - a choke of destinations
- A2. Grounds for appointing a receiver
- A3. The receiver - qualifications, powers, accountability
- A4. Automatic legal effects of a receivership
- B. Interim Arrangements and Bridge Banks
- C. Purchase-and-Assumption Transactions
- C1. Background and definitions
- C2. A representative P&A transaction
- C3. Dealing with remaining assets
- C4. Allocating losses - policy issues
- D. Liquidation and Distribution of Proceeds
- D1. Legal framework
- D2. Operational considerations
- E. Concluding the Receivership
- APPENDIX
- Sample Forms
- APPENDIX A-I Sample Rehabilitation Plan and Order
- APPENDIX A-2 Sample Memorandum Reporting on Meeting with Board of Directors of a Bank in Imminent Danger of Insolvency
- APPENDIX A-3 Sample Bank History
- APPENDIX A-4 Sample Affidavit Supporting Takeover of a Bank
- APPENDIX A-5 Sample Chronology of Significant Events
- APPENDIX A-6 Sample Notification Letter
- APPENDIX A-7 Sample Press Release
- APPENDIX A-8 Sample of Comments to Employees
- APPENDIX A-9 Sample Authorization Letter
- APPENDIX A-10 The Bidding Process
- Legal Provisions
- APPENDIX B-1 Model Banking Law Outline
- APPENDIX B-2 Model Banking Law Provisions on Penalties and Remedial Measures Before Insolvency Occurs
- APPENDIX B-3 Model Banking Law Provisions on Receivership
- APPENDIX B-4 Model Outline of a Regulation on Bank Supervision
- Other Materials
- APPENDIX C-1 Basle Core Principles (on banking supervision)
- APPENDIX C-2 Basle Committee Definitions of Capital
- APPENDIX C-3 Dealing with a Liquidity Crisis
- APPENDIX C-4 Chart on Book Insolvency
- APPENDIX C-5 Operational Reform and Integrity
- APPENDIX C-6 Suggested Structure of a Deposit Insurance System
- Glossary
- Back Cover
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