International Bank Crisis Management

This book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved.

Building on a broad working definition of 'bank crisis management' and referring to several cases, the book explores the techniques and approaches employed by the authorities to deal with troubled banks on both sides of the Atlantic. The legal analysis distinguishes between procedures and tools aimed at liquidating the bank in crisis vis-à-vis those aimed at restructuring. In this regard, attention is paid to the rules allowing for the use of public money in handling banks in trouble as well as to the role that deposit insurance schemes can play. Considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic are advanced, primarily focusing on the expected surge of non-performing loans as well as on ways to effectively manage these assets.

The book approaches these issues from a comparative law perspective, providing law and economics considerations and focusing on strengths and drawbacks of the rules currently in force. The book advances policy considerations as well as reform proposals aiming at enhancing the legal regimes in force, with particular reference to the Consultation promoted in 2021 by the European Commission on the adoption of a new bank crisis management and deposit insurance framework in the Union.

Auteur

Marco Bodellini is Lecturer in Banking and Financial Law at the University of Bergamo, Italy, Research Scientist in Sustainable Finance Law at the House of Sustainable Governance and Markets, University of Luxembourg, and Visiting Professor at Fordham University in New York, USA.

He has published a number of books and peer-reviewed articles in US, UK, and European law journals concerning bank restructuring and resolution, corporate governance of financial institutions, investment funds regulation, central banking, sustainable finance, and fintech.

Marco's main areas of research include banking regulation and crisis management, regulation of financial markets, corporate governance of banking and financial institutions, systemic risk and financial stability, shadow banking and investment funds, fintech, and sustainable finance.

He is a qualified lawyer admitted to the Italian Bar and provides legal consultancy to public and private institutions. Marco is also a member of the Expert Group advising the European Parliament on bank crisis management matters, a member of the Advisory Panel of the International Association of Deposit Insurers, and Special Advisor to the Unidroit Secretariat on bank insolvency.