“But we are different!”: 12 Common Weaknesses in Banking Laws, and What to Do About Them

Wouter Bossu and Dawn Chew

No 2015/200, IMF Working Papers from International Monetary Fund

Abstract: Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.

Keywords: WP; supervisory authority; licensing authority; party transaction; lending bank; banking supervisor; problem bank situation; Banking Regulation; Policy Analysis; home supervisor; civil law; party rule; Bank legislation; Legal support in revenue administration; Basel Core Principles; Consolidated banking supervision; Bank licensing; Global (search for similar items in EconPapers)
Pages: 44
Date: 2015-09-10
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