Singh, Dalvinder (2010) The UK banking act 2009, pre-insolvency and early intervention : policy and practice. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2010/27).
Abstract
The Banking Act 2009 has introduced a special regime to deal with failing banks in the UK. A feature of the legislation is the regulator’s power to trigger the regime by determining whether or not a bank is likely to fail. The use of the Act with Dunfermline Building Society has highlighted the importance of some guidance being developed to assist a bank or building society that is faced with such a situation on how best to work out its position with the regulator, and ultimately with the Bank of England and the Treasury. This paper looks at the key features of the Canadian and US models of early intervention, which could be described as discretionary and rules-based approaches, respectively. It evaluates these two models in comparison with the UK model to assess whether any lessons could be learned from them. It asks whether early intervention alone is the panacea that regulatory authorities are looking for to reduce the likelihood of bank failure.
| Item Type: | Working or Discussion Paper (Working Paper) |
|---|---|
| Divisions: | Faculty of Social Sciences > School of Law |
| Series Name: | Warwick School of Law Research Paper |
| Publisher: | University of Warwick |
| Place of Publication: | Coventry |
| Official Date: | 11 November 2010 |
| Dates: | Date Event 11 November 2010 Published |
| Number: | Number 2010/27 |
| Number of Pages: | 32 |
| Institution: | University of Warwick |
| Status: | Peer Reviewed |
| Publication Status: | Published |
| Access rights to Published version: | Open Access (Creative Commons open licence) |
| Open Access Version: | |
| URI: | https://wrap.warwick.ac.uk/60622/ |
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