Overview

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.

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9781509961306

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Reviews

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 *

Author Information

Marco Bodellini is Lecturer in Banking and Financial Law at the University of Bergamo, Italy, and Research Scientist in Sustainable Finance Law at the House of Sustainable Governance & Markets, University of Luxembourg.

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