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Bail-In and Total Loss-Absorbing Capacity (TLAC): Legal and Economic Perspectives on Bank Resolution with Functional Comparison

ISBN13: 9789041189981
Published: July 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £201.00

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Bail-In and Total Loss-Absorbing Capacity (TLAC) offers a detailed and comparative analysis of Swiss and European Union (EU) law relating to bail-ins and their economic impact. As opposed to a bank bailout, a bail-in occurs when creditors are forced to bear some of the burden of bank failure.

The principal aim of this restructuring tool is to eliminate some of the risk for taxpayers. Several jurisdictions, including Switzerland and the EU, have adopted legal provisions regarding the bail-in, but until now, book literature on its implementation has been scarce.

This is the first book to provide an in-depth coverage of this new method of dealing with the failure of systemically important banks.

What’s in this book:

In its contextualisation and analysis of the bail-in resolution tool, the book identifies and discusses the legal and economic issues that arise, including such aspects as the following:-

  • the legal and economic properties of bail-in capital;
  • the regulatory standard on TLAC issued by the Financial Stability Board (FSB);
  • the scope and sequence of liabilities subjected to bail-in;
  • the legal position of stakeholders affected by a bail-in;
  • strategies and procedures for the implementation of a bail-in;
  • the limited circumstances under which government rescues should be available;
  • cross-jurisdictional issues and aspects of international cooperation.
As well as case studies and analyses of legal issues with particular reference to Swiss law and the European Bank Resolution and Recovery Directive (2014/59/EU), the author applies economic concepts to the analysis of the law. International developments, in particular standards issued by leading regulatory bodies, are also covered.

How this will help you:

This book focuses on the development of perspectives on the implementation of a bail-in by the resolution authority. In addition, the economic and legal issues of bank bail-ins are identified, analysed and critically assessed, with particular reference to Swiss and EU law.

As a detailed analysis of a new and highly significant development in banking law, this book serves as an invaluable tool to legal practitioners working in banks and in banking regulation and by policymakers seeking information on the practical issues involved.

Banking and Finance
Summary of Contents
List of Abbreviations
List of Figures and Tables

Part I Functional and Historical Contextualisation        
CHAPTER 1 Bank Failures            
CHAPTER 2 Legal and Historical Context of the Bail-In Approach
Conclusions and Theses Based on Part I

Part II Prudential Regulation and TLAC
CHAPTER 3 Increasing the Viability and Resolvability of Banks  
CHAPTER 4 Total Loss-Absorbing Capacity (TLAC)
Conclusions and Theses Based on Part II

Part III The Bail-In Cascade        
CHAPTER 5 Scope of Bail-In       
CHAPTER 6 Sequence of Liabilities
CHAPTER 7 Scale of Bail-In
CHAPTER 8 Bank Owners Before and after Bail-In
Conclusions and Theses Based on Part III       

Part IV Implementation of a Bail-In
CHAPTER 9 Resolution Strategies for G-SIBs      
CHAPTER 10 Procedural Aspects under Swiss Law 
Conclusions and Theses Based on Part IV

Electronic Sources and Newspapers  
Regulatory Sources and Documentation  
Legal Cases     
Laws and Regulations

Series: International Banking and Finance Law Series

The Law and Governance of the Asian Infrastructure Investment Bank ISBN 9789403506319
Published November 2018
Kluwer Law International
Rethinking Regulation of International Finance: Law, Policy and Institutions ISBN 9789041188380
Published January 2018
Kluwer Law International
Capital Structure and Corporate Governance: The Role of Hybrid Financial Instruments ISBN 9789041148438
Published August 2013
Kluwer Law International
Standby Letters of Credit in International Trade ISBN 9789041145604
Published December 2012
Kluwer Law International
From Crisis to Crisis: The Global Financial System and Regulatory Failure ISBN 9789041133540
Published September 2011
Kluwer Law International
Structured Finance, On from the Credit Crunch: The Road to Recovery ISBN 9789041127877
Published October 2009
Kluwer Law International
International Financial System: Policy and Regulation ISBN 9789041128683
Published January 2009
Kluwer Law International
Securitization Law and Practice: In the Face of the Credit Crunch ISBN 9789041127150
Published August 2008
Kluwer Law International
International Financial System: Policy and Regulation ISBN 9789041127464
Published June 2008
Kluwer Law International
Price on Application
Banking Laws in China ISBN 9789041125194
Published June 2007
Kluwer Law International
International Securities Markets: Insider Trading Law in China ISBN 9789041125576
Published September 2006
Kluwer Law International
United States Securities Law: A Practical Guide 3rd ed ISBN 9789041123626
Published August 2006
Kluwer Law International
Innovation in Securitisation Yearbook 2006 ISBN 9789041125330
Published June 2006
Kluwer Law International
The European Central Bank ISBN 9789041106865
Published May 1997
Kluwer Law International