Full Description
This book examines how the European bank recovery and resolution framework shapes bank governance and decision‑making, and how a clear and credible institutional regime for bank failure can strengthen banks' resilience. It analyses the effects of the current resolution framework on bank governance by focusing on the ex‑ante expectations it creates for bank decision‑makers. Addressing a gap in the literature, the book shows how the new resolution regime for ailing banks has the potential to improve both the quality of bank governance and institutional resilience. However, the analysis reveals that such a potential is not fully exploited because of the complexity and the lack of credibility of the resolution framework. Finally, it identifies areas for further regulatory intervention, particularly in fine‑tuning debt governance within the resolution framework, with a view to further enhancing bank governance. The book will be of interest to scholars, instructors, and policymakers working in financial regulation, banking regulation, and financial law.
Contents
Chapter 1 - Introduction.- Chapter 2 - Bank Governance.- Chapter 3 - The EU Bank Resolution Framework and its Ex-ante Potential.- Chapter 4 - The Legal Framework for Market Discipline and Debt Governance.- Chapter 5 - Financial Contracting in Bail-inable Securities and Debt Governance.- Chapter 6 - The Composition Bail-inable a Debt Holders and Debt Governance.- Chapter 7 - Enabling Debt Governance: Bail-Inable Debt and Remuneration.- Chapter 8 - Enabling Debt Governance: Bail-inable Debt and Governance Rights.- Chapter 9 - The 2023 Banking Crisis: Lessons for Debt Governance.
