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The bankruptcy system of American Banks

2019-01-29 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- The bankruptcy system of American Banks,供大家参考学习,这篇论文讨论了美国银行的破产制度。美国的银行破产机制一直受到世界的关注,英国2009年通过的专门针对银行的破产法很大程度上借鉴了美国的做法。而此后的巴塞尔银行监管委员会、金融稳定委员会和欧盟陆续出台的一系列针对银行和其他金融类机构破产机制的文件,均以美国银行破产法制度为蓝本。在受偿顺序方面,《联邦存款保险法》确定了存款债券的优先受偿原则,且规定破产银行的存款人可以抵消相同数额的所欠银行贷款。

bankruptcy law,美国银行的破产制度,essay代写,作业代写,代写

America's bankrupting regime is attracting attention from the rest of the world. Britain's bank-specific bankruptcy law, passed in 2009, largely borrows from America's. Since then, the Basel committee on banking supervision, the financial stability commission and the European Union have issued a series of documents on the bankruptcy mechanism of Banks and other financial institutions, all based on the us bank bankruptcy law system.

The English language has a special term for bank insolvency, "insolvency", distinct from the "Bankruptcy", which means the Bankruptcy of an ordinary business. In the United States, bank bankruptcy does not apply to ordinary bankruptcy law, but has a bankruptcy law system specifically for Banks. The federal reserve, the monetary authority and the federal deposit insurance corporation are the three agencies that oversee Banks. Under the 2010 dodd-frank Wall Street reform and consumer protection act, all large systemic financial institutions are brought under the fed's regulatory purview.

The monetary authority is the main regulator of federal Banks. The fdic, as the main government agency dealing with bank failures, is, of course, responsible for managing the federal deposit insurance fund and for dealing with the bankruptcy of Banks and other financial institutions. But beyond that, it is one of the main functions of the fdic to undertake financial regulation.

There are only three institutions that have the right to bring a bank into bankruptcy. But creditors and debtors have no right to bring a bank bankruptcy.

Chapter 11 and 13 of the federal deposit insurance act are the main contents of the us bank bankruptcy law. There are three reasons for bank bankruptcy: the first reason is liquidity, that is, the bank can not pay off debts due; The second is the cause of assets and liabilities, that is, the total value of the assets of the bank debtor is greater than the liabilities; The third is the cause of regulatory bankruptcy, that is, when the bank's capital adequacy ratio is less than 2%, it is essentially insolvent even without the two reasons mentioned above. Such a regulation can make the relevant bank regulators step in early, seize the opportunity of bank restructuring, and reduce the loss of bank bankruptcy.

There are two bankruptcy procedures under the U.S. bank bankruptcy law: Conservatorship and Receivership. Due to the particularity and importance of Banks as a financial enterprise, in practice, Banks will not resort to liquidation and disposal unless absolutely necessary. What's more, they will restore normal operation or sell them to other institutions for restructuring through various rescue measures, that is, they will take over the problem Banks.

The fdic, of course, evaluates whether to bail out or restructure troubled Banks based on three principles. Second, the information protection of the financial system. If the failure of a bank has a huge impact on public confidence and even the financial system, it shall not be allowed to fail, that is, "too big to fail". Third, the federal deposit insurance corporation has the rescue ability, must ensure the federal deposit insurance corporation position effective flow, maintains the deposit insurance system sound.

In order to attract more Banks to participate in the bidding, the federal deposit insurance corporation often reaches loss-sharing Agreements with the winning Banks in the bankruptcy resolution process. "Loss-sharing agreement" usually follows the following pattern: for the portfolio of assets in an agreement, the winning bank shall first assume 100% of the amount of loss; after that, a certain amount of losses shall be borne by the fdic at 80% and the winning bank at 20%. The fdic bears 95% of all losses thereafter, while the winning bank bears only 5%. During the banking crises of the late 1980s and early 1990s, the fdic successfully used various forms of "loss-sharing agreements". Subsequent studies have shown that loss-sharing agreements have been the most effective in reducing the cost of fdic bankruptcy resolution.

The fdic's process for taking over troubled Banks is an administrative one, and under U.S. law, no court or other regulator has the authority to intervene in the fdic's process. Unless the fdic requests it, the court loses jurisdiction over litigation involving the bank. This regulation guarantees the efficiency of the reorganization or liquidation of the problem Banks.

In terms of the order of repayment, the federal deposit insurance act defines the principle of priority of repayment of deposit bonds. It also provides that depositors in a failing bank can offset the same amount of loans owed to the bank. After the depositor, other bonds are distributed in the order of general creditors and bank shareholders. Most countries in the world have the same order of reckoning.

The deposit insurance system of the United States was established in 1933, which was the first country in the world to establish the deposit insurance system. After the 2008 financial crisis, the amount of deposit insurance in the United States was increased from the original amount of $100,000 to $250,000, that is, the federal deposit insurance corporation of the United States provides deposit insurance of up to $250,000 to bank depositors in the United States. And the quota may be adjusted as the economic situation changes. Most European countries have similar institutions that offer bank depositors in eu countries up to 100,000 euros in deposit insurance.

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