The Crisis Management of Smaller Banks: Perspectives of Reform

Mecatti Irene ()
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Mecatti Irene: Senior Lecturer and Adjunct Professor of Business and Banking Law at the University of Siena, Department of Law, irene.mecatti@unisi.it.Italy

European Company and Financial Law Review, 2023, vol. 20, issue 4, 660-691

Abstract: 660The current common framework for bank crisis management and national deposit guarantee schemes (CMDI) is tailored for banks which are considered too big (or too complex) to fail. Smaller banks are de facto excluded from the application of resolution, even though they are obliged to contribute to its functioning. In practice, not even the size element has been decisive and the crises of significant as well as less significant institutions have been managed at the national level instead of within the framework and conditions foreseen by the BRRD. The consequent and persistent fragmentation in the European financial market requires that the dichotomy between resolution and liquidation be overcome and that the scope of resolution also include smaller banks. The paper analyses the main reforms needed to achieve this goal, including the European Commission’s recent proposal to revise the CMDI.

Date: 2023
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DOI: 10.1515/ecfr-2023-0029

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