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FASB's Failure to Regulate Off-Balance Sheet Special-Purpose Entities and the Downfall of Securitization

Abrams, Charles J. - 2013

Corporate off-balance sheet transactions that used special-purpose entities (“SPEs”) facilitated the expansion of structured finance during the years leading up to the Great Recession. Specifically, SPEs conferred bankruptcy remote, liquidity, leverage and interest rate risk benefits on...

Persistent link: https://www.econbiz.de/10013085503

Banking Crisis and the Japanese Legal Framework

Tirado, Ignacio - 2017

institutions and instruments to tackle bank distress. Its most notable feature is the proportionality of measures and the …

Persistent link: https://www.econbiz.de/10012960405

Too Big and Unable to Fail

Lubben, Stephen J. - 2018

Financial regulation after the Dodd-Frank Act has produced a blizzard of acronyms, many of which revolve around the “too big to fail” (TBTF) problem. OLA, OLF, SPOE, and TLAC are new regulatory tools that seek to build a new regime for resolving failures of systemically important financial...

Persistent link: https://www.econbiz.de/10012935535

When Does a Non-Bank Financial Company Pose a 'Systemic Risk'? A Proposal for Clarifying Dodd–Frank

Horton, Brent J. - 2014

Traditionally, a non-bank financial company (NBFC) facing financial insolvency would reorganize pursuant to Chapter 11 … the relevant regulatory attempts to clarify “systemic risk”, a non-bank financial company would be hard pressed to know …, a non-bank financial company could assure itself that federal regulators would not interfere with the Chapter 11 …

Persistent link: https://www.econbiz.de/10013064079

Governance and the Decoupling of Debt and Equity : The SEC Moves

Hu, Henry T. C. - 2022

“Decoupling” - the unbundling of the rights and obligations of equity and debt through derivatives and other means - has posed unique challenges for corporate and debt governance. Corporate governance mechanisms, including those related to shareholder voting and blockholder disclosure in...

Persistent link: https://www.econbiz.de/10014243455

Clearinghouses as Liquidity Partitioning

Squire, Richard - 2014

To reduce the risk of another financial crisis, the Dodd-Frank Act requires that trading in certain derivatives be backed by clearinghouses. Critics mount two main objections: a clearinghouse shifts risk instead of reducing it; and a clearinghouse could fail, requiring a bailout. This Article's...

Persistent link: https://www.econbiz.de/10013064957

Identifying Groups as ‘Financial Conglomerates’ Under European Financial Law (Directive 2002/87/EC) : A Not So Straightforward Exercise

Gortsos, Christos - 2017

The purpose of this paper, structured in three Sections, is twofold: (a) The first is to analyse the conditions under which a group of financial firms is considered to be a ‘financial conglomerate' in accordance with the (complex) definition of this term in Article 2 (point (14)) of the...

Persistent link: https://www.econbiz.de/10012944116

Bank Resolution in Europe : The Unfinished Agenda of Structural Reform

Gordon, Jeffrey N. - 2015

This chapter argues that the work of the European Banking Union remains incomplete in one important respect, the structural re-organization of large European financial firms that would make “resolution” of a systemically important financial firm a credible alternative to bail-out or some...

Persistent link: https://www.econbiz.de/10013030637

Post crisis banking sector regulation and European Union economic growth nexus

Klinac, Ivica; Ercegovac, Roberto; Pečarić, Mario - In: Economic review : journal of economics & business 19 (2021) 2, pp. 15-26

the main consequences of the global financial crisis, the pro-cyclical contraction of bank credit, and the advanced …

Persistent link: https://www.econbiz.de/10014466503

Credit Rating Agencies and Conflicts of Interest : Comparative Study of the Post-Credit Crisis Regulatory Reforms

Lipszyc, Deborah - 2011

When things go wrong, it is always good to find someone to blame. As the credit crisis started to unfold in 2007, credit rating agencies (“CRAs”) emerged as the villain – or scapegoat, one might say – for commentators and regulators alike. To sum up, observers accused CRAs of doing a...

Persistent link: https://www.econbiz.de/10013120955