Bibliographic Information

Bank failures and bank insolvency law in economies in transition

editors, Rosa M. Lastra, Henry N. Schiffman

(International economic development law, v. 9)

Kluwer Law International, 1999

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Includes bibliographical references and index

At head of title: SMU Institute of International Banking and Finance, Dallas, Texas. Centre for Commercial Law Studies, University of London. Institute of International Banking, Finance and Developement Law, London. Asian Institute of International Financial Law, University of Hong Kong

Description and Table of Contents

Description

This work explores the legal issues inherent in resolving troubled banking sectors in transitional economies. Bank failures are a recurrent phenomenon in both developed and developing countries, as shown by the crises in the last 10 years in the USA, Japan, Scandinavian countries, the Baltic countries, Bulgaria, South East Asia and Latin America. Banks in transitional economies face additional challenges as they become intermediaries in lending the publics's savings, rather than mere conduits for the central financing plan. They have to ensure repayment of loans when they no longer receive subsidies to compensate their losses to the same degree as before. As a result of these challenges, almost all these countries have suffered numerous bank failures in the past eight years, with negative consequences for bank owners, managers, depositors and other creditors. The absence, in many situations, of appropriate crisis management procedures and bank insolvency laws hinders the success or pace of the transition process.

Table of Contents

  • Preface
  • C. Goodhart. Foreword
  • J. Taylor. Part I: Bank Insolvency in Economies in Transition. 1. Banking Crises and the Macroeconomic Context
  • P. Molyneux. 2. Crisis Management and Lender of Last Resort
  • R.M. Lastra. 3. Deposit Insurance in Economies in Transition
  • G.P. Miller. Comment: Routes to Systemic Stability
  • G.E. Wood. Part II: Legal Issues in Bank Insolvency in Economies in Transition. 4. Legal Measures to Manage Bank Insolvency in Economies in Transition
  • H.N. Schiffman. 5. Banks in Distress -- Non-Performing Loans Recognition and Response by Debtors and Creditors: Lessons from the American Experience
  • G.N. Olson. 6. Treatment of Financial Contracts in Financial Institutions Insolvency
  • C.J. Hansen, N.M. Poulos. Part III: Case Studies. 7. Building a Strong Banking Sector in Transition Economies: The Case of Moldova
  • W. Coats, et al. 8. The Venezuelan Banking Crisis 1994-1995
  • R. de Krivoy. Part IV: International Efforts. 9. International Co-operative Efforts and Implications for Law Reform
  • J.J. Norton. 10. Legislation Related to Bank Insolvency in the European Union
  • P. Clarotti. Index.

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