Corporate Structure and Banking Resolution

Beschreibung

“The book provides a multi-jurisdictional legal analysis of the regulation of bank-based financial conglomerates. Though clearly anchored in the law, Marcelo Sheppard feels at ease when navigating through history, philosophy, politics and economics. This methodological approach together with the substantive analysis of the subject matter – the examination of the regulatory and corporate structure of a particular type of financial conglomerates, those that have a strong international presence and are bank-based – explain why the book is a distinct contribution to the literature on bank regulation, resolution and governance and why it is destined to become an essential reference for academics, practitioners and policy-makers and for all those that have an interest in financial regulation, business organization and cross-border resolution.”

—Rosa María Lastra, Sir John Lubbock Chair in Banking Law at the Centre for Commercial Law Studies (CCLS), Queen Mary University of London

“After the collapse of Lehman Brothers and what is now known as the Great Financial Crisis, the world focused on how to prevent and reduce the severity of future banking crises, ensuring that the taxpayer does not have to bear the price. In doing so, part of the focus has been on international banking groups, especially those with a strong international component and operating across more than one financial industry (i.e., banking, insurance and/or securities), to make sure that they are “resolvable”. This is why Dr. Sheppard's book is so important and topical and is the latest contribution to the analysis of bank-based financial conglomerates.”

—Rodrigo Olivares-Caminal, Professor of Banking and Finance Law, Queen Mary University of London

Marcelo J. Sheppard Gelsi is a Professor of Commercial Law at the Universidad de Montevideo and the Academic Director of the Masters Programme at the Universidad de Montevideo Law School. He is the Legal Secretary of the Sovereign Debt Forum (SDF) in London, where he collaborates on training programmes for the World Bank and the International Monetary Fund. He has been a Teaching Associate of the Regulation of Financial Markets, and European Monetary Law at the Centre for Commercial Law Studies (CCLS), Queen Mary University of London (Banking and Finance LLM Modules). Before entering academia, he worked as a lawyer at an international legal service provider and at two international law firms.

This book provides a legal analysis of the regulation of bank-based financial conglomerates from a structural, commercial, and regulatory perspective. It includes a comparative analysis of the regulation of bank-based financial conglomerates from the standpoint of the three jurisdictions that established a distinct regulatory model, i.e. Germany, the UK, and the US. At the same time, it analyses which banking resolution strategy is most appropriate for different models, taking into account four factors applicable to bank insolvency. The book further examines the types of capital structure associated with each model, and in particular how BBFCs have influenced industry developments in Germany, the United Kingdom, the United States, and the EU. While there are several books that focus on the regulation of banks, insurance companies, and securities firms, this book will include the first analysis of BBFC from a structural, commercial, and resolution standpoint, analysing not only the three major jurisdictions but three different BBFC models, and will be of particular interest to students, researchers, and professors of banking and financial institutions.

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Marcelo J. Sheppard Gelsi

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