The Strategic Importance of Public Recapitalisation in Banking Resolution, What Ireland Can Tell

IF 1.3 Q1 LAW

European Company and Financial Law Review Pub Date : 2024-05-16 DOI:10.1515/ecfr-2024-0004

Elise Lefeuvre

引用次数: 0

Abstract

104 Recapitalisation of banks, as well as the whole banking resolution process, was fully public during the 2008 financial crisis. The Single Resolution Mechanism shifted from this approach and created a public-private system, where private individuals and entities can be called in to fund recapitalisation (bail-in). This article argues that recapitalisation (and banking resolution as a whole) should be fully public so it can be rapid, negotiation-free, and in the best interest of the State. The 2008 Irish recapitalisation illustrates well the rewards of having public recapitalisation, while it also tells where improvements are needed to protect recapitalisation process and taxpayers. Currently, the Single Resolution Mechanism has different recapitalisation methods, which creates some complexity and overlaps.

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公共资本重组在银行业解决方案中的战略重要性，爱尔兰的启示

104 在 2008 年金融危机期间，银行资本重组以及整个银行业的解决过程都是完全公开的。单一清算机制》改变了这一做法，建立了一个公私合营的体系，可以要求私人和实体为资本重组（保释）提供资金。本文认为，资本重组（以及银行业的整体解决方案）应完全公开，这样才能快速、无需谈判，并符合国家的最佳利益。2008 年爱尔兰的资本重组充分说明了公开资本重组的好处，同时也说明了在保护资本重组过程和纳税人方面需要改进的地方。目前，单一解决机制有不同的资本重组方法，这造成了一些复杂性和重叠。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

European Company and Financial Law Review LAW-

CiteScore

1.00

自引率

16.70%

发文量

期刊介绍： In legislation and in case law, European law has become a steadily more dominant factor in determining national European company laws. The “European Company”, the forthcoming “European Private Company” as well as the Regulation on the Application of International Financial Reporting Standards (“IFRS Regulation”) have accelerated this development even more. The discussion, however, is still mired in individual nations. This is true for the academic field and – even still – for many practitioners. The journal intends to overcome this handicap by sparking a debate across Europe on drafting and application of European company law. It integrates the European company law component previously published as part of the Zeitschrift für Unternehmens- und Gesellschaftsrecht (ZGR), on of the leading German law reviews specialized in the field of company and capital market law. It aims at universities, law makers on both the European and national levels, courts, lawyers, banks and other financial service institutions, in house counsels, accountants and notaries who draft or work with European company law. The journal focuses on all areas of European company law and the financing of companies and business entities. This includes the law of capital markets as well as the law of accounting and auditing and company law related issues of insolvency law. Finally it serves as a platform for the discussion of theoretical questions such as the economic analysis of company law. It consists of articles and case notes on both decisions of the European courts as well as of national courts insofar as they have implications on European company law.