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Recognition of Foreign Bank Resolution Actions


ISBN13: 9781802200553
To be Published: February 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £100.00



This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.

Shuai Guo conducts both normative and positive law analysis to investigate the status quo of available legal instruments that are used to recognise foreign resolution actions within three representative jurisdictions: the European Union, the United States and mainland China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this book proposes ten principles that should be applied to foreign bank resolution actions, offering innovative ideas for further research and study. Additionally, it fills the gap in scholarly research on the issue of cross-border bank resolution and formulates rules that would facilitate effective resolution actions across borders to achieve a global orderly resolution for banks.

<> Recognition of Foreign Bank Resolution Actions will be key reading for researchers and students in the fields of private international law, finance and banking law. The technical legal issues addressed throughout the book will also appeal to insolvency and banking lawyers, as well as policy makers within the field.

Subjects:
Banking and Finance
Contents:
PART I. INTRODUCTORY CHAPTERS
1. Introduction to Recognition of Foreign Bank Resolution Actions
2. Cross-border bank resolution: Definitions and scenarios
PART II. RECOGNITION OF FOREIGN BANK RESOLUTION ACTIONS IN THE SELECTED JURISDICTIONS
3. The European Union
4. The United States
5. China
PART III. ANALYSIS FROM THE PERSPECTIVES OF PRIVATE INTERNATIONAL LAW, FINANCIAL LAW AND INSOLVENCY LAW
6. Grounds for recognition
7. Financial stability and resolution objectives
8. Creditors’ position
PART IV. CONCLUSIONS
9. A future framework for recognition of foreign resolution actions
10. Conclusions to Recognition of Foreign Bank Resolution Actions

Bibliography
Index