International Coordination in Cross-Border Bank Bail-Ins

International Coordination in Cross-Border Bank Bail-Ins
Author :
Publisher :
Total Pages : 35
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ISBN-10 : OCLC:1304467773
ISBN-13 :
Rating : 4/5 (73 Downloads)

Book Synopsis International Coordination in Cross-Border Bank Bail-Ins by : Federico Lupo-Pasini

Download or read book International Coordination in Cross-Border Bank Bail-Ins written by Federico Lupo-Pasini and published by . This book was released on 2018 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bail-in is quickly becoming a predominant approach to banking resolution. The EU Bank Recovery Resolution Directive and the US Federal Deposit Insurance Corporation's single point of entry strategy envisage creditors' recapitalisations to resolve a failing financial institution. However, this legislation focuses on the domestic aspects of bail-in, leaving the question of how it is applied to a cross-border banking group open. Cross-border banking resolution has been historically subject to coordination failures, which have resulted in disorderly resolutions with dangerous systemic effects. The goal of this article is to assess whether bail-in is subject to the same coordination problems that affect other resolution tools, and to discuss the logic of international legal cooperation in bail-in policies. We demonstrate that, in spite of the evident benefit in terms of fiscal sustainability, bail-in suffers from complex coordination problems which, if not addressed, might lead to regulatory arbitrage and lengthy court battles, and, ultimately, may disrupt resolutions. We argue that only a binding legal regime can address those problems. In doing so, we discuss the recent Financial Stability Board's proposal on cross-border recognition of resolution action, and the role of international law in promoting cooperation in banking resolution.


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