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The choice between judicial and administrative sanctioned procedures to manage liquidation of banks : a transatlantic perspective

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Binder, Jens-Hinrich, Krimminger, Michael, Nieto, María J. and Singh, Dalvinder (2019) The choice between judicial and administrative sanctioned procedures to manage liquidation of banks : a transatlantic perspective. Capital Markets Law Journal, 14 (2). pp. 178-216. doi:10.1093/cmlj/kmz006

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Official URL: http://dx.doi.org/10.1093/cmlj/kmz006

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Abstract

This article analyses the EU and US approaches to bank insolvency and reflects on the effectiveness of insolvency procedures for banks (and their holding companies in the United States), as well as on the advantages and disadvantages of a dual system that includes an administrative authority and court-based procedures.

The article also analyses the need for coordination through harmonization in the EU, and especially in the euro area, and the need for enhanced substantive coordination with a view to development of the European Deposit Insurance System (EDIS).

The article first presents the current state of debate of the EU versus US approaches to bank insolvency, then analyses the effectiveness of ‘dual’ administrative and court-based bank liquidation procedures for the purpose of both coordination within the EU and cross-border coordination, before providing conclusions and policy implications.

Item Type: Journal Article
Divisions: Faculty of Social Sciences > School of Law
Journal or Publication Title: Capital Markets Law Journal
Publisher: Oxford University Press
ISSN: 1750-7219
Official Date: April 2019
Dates:
DateEvent
April 2019Published
14 March 2019Available
21 January 2019Accepted
Volume: 14
Number: 2
Page Range: pp. 178-216
DOI: 10.1093/cmlj/kmz006
Status: Peer Reviewed
Publication Status: Published
Publisher Statement: This is a pre-copyedited, author-produced version of an article accepted for publication in Capital Markets Law Journal following peer review. The version of record Jens-Hinrich Binder, Michael Krimminger, María J Nieto, Dalvinder Singh, The choice between judicial and administrative sanctioned procedures to manage liquidation of banks: a transatlantic perspective, Capital Markets Law Journal, Volume 14, Issue 2, April 2019, Pages 178–216, is available online at https://doi.org/10.1093/cmlj/kmz006
Access rights to Published version: Restricted or Subscription Access

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