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capital regulation, liability and remuneration of bank management, procedures for dealing with banks in difficulties, and … interplay of price declines in malfunctioning markets, fair value accounting, an insufficiency of bank equity, and regulation … and shortcomings of regulation, in particular, capital regulation under the model-based approach. Reform proposals concern …
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Drawing on corporate law literature, the essay argues that while contractual means is a protection mechanism available to creditors, they are not sufficient on their own. The paper introduces the arguments put forth by advocates of leaving creditor protection against directorial failings to...
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