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Bail-In and Total Loss-Absorbing Capacity (TLAC)

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

作者： Yves Mauchle
出版商： Kluwer Law International
ISBN: 9789041189981
出版时间 July 2017
规格： Hardback , 496 pages
适应领域： International ? 免责申明：
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Bail-In and Total Loss-Absorbing Capacity (TLAC). Legal and Economic Perspectives on Bank Resolution with Functional Comparison 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; and
- 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.

Features

Providing legal and economic perspectives on bail-in legislation, comparisons of EU law (BRRD) and Swiss law, case studies for bank resolution, analysis of the bail-in procedure, analysis of incentives associated with bail-in, law & economics, analysis of liabilities subjected to bail-in, assessment of total loss-absorbing capacity (TLAC) requirements, analysis of bail-in procedure, constitutional perspectives on bail-in, discussion of resolution strategies for global systemically important banks (G-SIBs), contextualization of bail-in rules both in current and historical bank regulation.

Benefits

Understanding relevant bail-in provisions from both the practical and the academic perspective, understanding resolution mechanism for banks, knowledge on regulatory concepts due to contextualization and functional comparison of Swiss and EU law, understanding economic impact and understanding incentives associated with bail-in legislation, understanding context of bail-in and wave of new legislation hitting systematically important banks, relevant for practitioners and academics.
Summary of Contents

Remarks

List of Abbreviations

List of Figures and Tables

Acknowledgments

Introduction

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

Bibliography

Electronic Sources and Newspapers

Regulatory Sources and Documentation

Legal Cases

Laws and Regulations

Index
Yves Mauchle received his Bachelor’s and Master’s degrees in Law & Economics from the University of St. Gallen (HSG) in 2009 and 2012, respectively. Mr Mauchle also studied at the Law Faculty of the University of Geneva (Certificat de droit transnational in 2008) and in the MBA programme of the China Europe International Business School (CEIBS) in Shanghai (exchange in 2010). After the completion of his studies in Law & Economics, Mr Mauchle was a trainee lawyer for Baker McKenzie Zurich and obtained his admission to the Zurich bar in 2013 (license valid for all Swiss courts). From 2013 to 2015, he worked as a research assistant and associate lecturer at the law faculty of the University of Zurich. He received the Master’s degree in Accounting and Finance of the University of St. Gallen in 2015. Mr Mauchle is an attorney-at-law for Baker McKenzie Zurich since 2016. He mainly practises in the fields of capital markets law and financial services regulation.

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