Bankruptcy and reorganization procedures for cross‐border banks in the EU

Gillian G.H. Garcia, Rosa M. Lastra and María J. Nieto

Journal of Financial Regulation and Compliance, 2009, vol. 17, issue 3, 240-276

Abstract: Purpose - The purpose of this paper is to examine the complexities of reorganizing and/or liquidating troubled banks under the European Union's (EU) current institutional framework as it is defined by its directives and by national supervisory, remedial, and insolvency practices. Design/methodology/approach - The paper compares provisions of different EU directives that impact financial institutions and summarizes national remedial practices. Findings - The paper documents the diversity that currently exists among national supervisory, remedial and failure resolution practices for banks. It also assesses the economic efficiency of the institutional framework for resolving problem banks that is defined by the Reorganization and Winding‐up Directive and identifies components of the directive that can hamper efficient cross‐border resolutions. Research limitations/implications - There is a deficiency in publicly available information on EU member countries' practices for disciplining and resolving troubled banks. Practical implications - The paper assesses issues/conditions that can hamper efficient cross‐border resolutions – issues on which policymakers should focus when they reform the current framework. It also explores areas of coordination with other EU directives that deal with financial crisis management that are relevant in the current financial crisis. Originality/value - The paper makes policy recommendations for reforming the EU's current institutional framework for resolving troubled banks.

Keywords: European Union; Banks; Financial institutions; International economics; Bankruptcy (search for similar items in EconPapers)
Date: 2009
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Citations: View citations in EconPapers (7)

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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfrcpp:v:17:y:2009:i:3:p:240-276

DOI: 10.1108/13581980910972223

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