Stephan Madaus's Books

Financial Institutions in Distress

Recovery, Resolution, and Recognition

By: Ronald Davis,Stephan Madaus,Monica Marcucci,Irit Mevorach,Riz Mokal,Barbara Romaine,Janis Sarra,Ignacio Tirado

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Financial Institutions in Distress

Recovery, Resolution, and Recognition

By: Ronald Davis,Stephan Madaus,Monica Marcucci,Irit Mevorach,Riz Mokal,Barbara Romaine,Janis Sarra,Ignacio Tirado

Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border transmission of distress may turn on the response being given due effect in both (or all) the territories in which the distressed financial institution operates. This situation creates a conundrum for policymakers, legislators, and regulators who wish to enable those subject to their jurisdiction to access the benefits of cross-border financial intermediation, yet cannot make rules and regulations that would have effect outside that jurisdiction. This book explores this conundrum and offers a response. It does so by drawing on and adding to the literatures on financial intermediation, regulation, and distress, and on existing hard and soft laws and regulations. The book advocates for the creation of a model law that would address the full range of financial institutions, including insurance companies, and that would enable relevant authorities to cooperate with counterparts in advance of the onset of distress and to give appropriate effect in their jurisdiction to measures taken by counterpart authorities in other jurisdictions in which the distressed institution also operates.

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467

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Oxford University Press

Published Date

ISBN 10

0192882538

ISBN 13

9780192882530

Financial Institutions in Distress

Recovery, Resolution, and Recognition

By: Associate Professor Emeritus Ronald Davis,Ronald Davis,Stephan Madaus,Monica Marcucci,Professor of International Commercial Law Irit Mevorach,Riz Mokal,Barbara Romaine,Janis Sarra,Ignacio Tirado

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Financial Institutions in Distress

Recovery, Resolution, and Recognition

By: Associate Professor Emeritus Ronald Davis,Ronald Davis,Stephan Madaus,Monica Marcucci,Professor of International Commercial Law Irit Mevorach,Riz Mokal,Barbara Romaine,Janis Sarra,Ignacio Tirado

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465

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Oxford University Press

Published Date

ISBN 10

0192882511

ISBN 13

9780192882516

Rescue of Business in Europe

A European Law Institute Instrument

By: B. Wessels,Stephan Madaus

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Rescue of Business in Europe

A European Law Institute Instrument

By: B. Wessels,Stephan Madaus

This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the 'rescue' of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter.--

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1434

Published Date

ISBN 10

0191932272

ISBN 13

9780191932274

Book's by Stephan Madaus

Financial Institutions in Distress

Financial Institutions in Distress

Financial Institutions in Distress

Financial Institutions in Distress

Rescue of Business in Europe

Rescue of Business in Europe

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