The Bank Recovery and Resolution Directive and the Single Resolution Mechanism

Preadviezen/Reports 2014

By Saskia M.C. Nuijten, Bart P.M. Joosen, Patrick Clancy

The new European rules on bank insolvency seek to prevent future government-funded bailouts. Instead, risks should be internalized by the participants. The rules in the Bank Recovery and Resolution Directive, and also the Single Resolution Mechanism, seek to mimic the outcome of a normal insolvency procedures, without actually letting a failing institution enter full insolvency procedures. The rules enacted are of critical importance to a healthier and more stable financial sector. This book presents three reports in which the new rules are explained and criticized where needed. Professor Joossen discusses the bail-in mechanisms, while Saskia M.C. Nuijten analyzes the legal protection offered to stakeholders against intervention under the Single Resolution Mechanism-or the lack thereof. Finally, Patricky Clancy considers the potential use of the new resolution tools in the context of counterparties, in particular repo and derivative counterparties to a financial institution. [Subject: Commercial Law, Comparative Law, Banking Law]

Publication Date: 3/23/2017
Format: Paper
ISBN: 9789462367166

Available in other formats