Cross-Border Bank Resolutions and its Challenges

Morais Luis Domingos Silva
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Morais Luis Domingos Silva: Professor of Lisbon Law University (FDUL); Jean Monnet Chair (Economic Regulation in the EU); Chairman CIRSF (Research Centre on Supervision and Regulation of the Financial Sector); Vice Chair of Appeal Panel of the Single Resolution Board/SRB; Chair of the Supervisory Council of the Portuguese Insurance and Pension Funds Supervisory Authority (ASF). Attorney-at-law (Founder and managing partner of LSM Advogados, Law Firm, based in Lisbon).

Zeitschrift für Bankrecht und Bankwirtschaft (ZBB) / Journal of Banking Law and Banking (JBB), 2024, vol. 36, issue 1, 70-78

Abstract: This article comprehends a very selective analysis of some aspects deemed of extreme relevance to ensure effective cross-border resolution strategies, dealing with global systemically important banks G-SIBS, and also involving financial institutions with no systemic dimension but which operate in multiple jurisdictions. It is discussed, namely, the fact that G-SIBS, as Credit Suisse, and other multi-jurisdictional groups, highlight critical issues of resolution planning when dealing with several jurisdictions. Secondly, this analysis also highlights particular problems in implementing cross-border resolution strategies to be applied to some banking sub-sectors, namely as regards the case study of cooperative banks, which are an important part of the European financial landscape. Thirdly, the article briefly addresses some critical issues of bail-in when dealing with private actors from different jurisdictions. This overall analysis starts from a critical discussion of the financial turmoil of March 2023, debating if this might have affected the relevance and credibility of resolution regimes.

Date: 2024
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DOI: 10.15375/zbb-2024-0115

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