The legal nature of the recovery and resolution plans in the new architecture of the Bank Recovery and Resolution Directive

Journal article


De Gioia-Carabellese, P. and Zhang, D. 2019. The legal nature of the recovery and resolution plans in the new architecture of the Bank Recovery and Resolution Directive . International Company and Commercial Law Review. 30 (7), pp. 380-398.
AuthorsDe Gioia-Carabellese, P. and Zhang, D.
Abstract

Analyses key features of the recovery and bank resolution plans introduced by Directive 2014/59 (Bank Recovery and Resolution Directive), and examines their legal nature. Reviews the early intervention measures, including the power to remove the managerial team, the justifications for both types of plan, the differences between the two, and the extent to which they should be implemented administratively or judicially.

KeywordsRecovery and bank resolution plans; Bank Recovery and Resolution Directive; Law; Financial law; Finance; Banking
Year2019
JournalInternational Company and Commercial Law Review
Journal citation30 (7), pp. 380-398
PublisherSweet & Maxwell
ISSN0958-5214
Official URLhttps://uk.westlaw.com/Document/IDD8ED2E08D6C11E986D2A9C18AD07061/View/FullText.html
Publication dates
PrintJul 2019
Publication process dates
Deposited18 Mar 2020
Accepted author manuscript
File Access Level
Restricted
Output statusPublished
Permalink -

https://repository.canterbury.ac.uk/item/8qyw4/the-legal-nature-of-the-recovery-and-resolution-plans-in-the-new-architecture-of-the-bank-recovery-and-resolution-directive

  • 96
    total views
  • 2
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

The governance and operating environment of the AIIB–is the AIIB a potential competitor of the World Bank?
Zhang, D. 2018. The governance and operating environment of the AIIB–is the AIIB a potential competitor of the World Bank? International Company and Commercial Law Review. 30 (1), pp. 15-28.
Preventive restructuring frameworks: a possible solution for financially distressed multinational corporate groups in the EU
Zhang, D. 2019. Preventive restructuring frameworks: a possible solution for financially distressed multinational corporate groups in the EU. European Business Organization Law Review. https://doi.org/10.1007/s40804-018-0125-3
From corporate responsibility to corporate accountability
Zhang, D. 2019. From corporate responsibility to corporate accountability. Hastings Business Law Journal. 16 (1).
Bail-in tool and bank insolvency: theoretical and empirical discourses around a new legal (or illegal) concept
Carabellese, Pierre de Gioia and Zhang, D. 2019. Bail-in tool and bank insolvency: theoretical and empirical discourses around a new legal (or illegal) concept. European Business Law Review . 30 (3), pp. 487-511.
Pre-packaged reorganisations in China and creditor protection
Zhang, D. 2018. Pre-packaged reorganisations in China and creditor protection. International Corporate Rescue. 15 (1), pp. 15-21.
Reconsidering procedural consolidation for multinational corporate groups in the context of the recast European insolvency regulation
Zhang, D. 2017. Reconsidering procedural consolidation for multinational corporate groups in the context of the recast European insolvency regulation. International Insolvency Review. 26 (3), pp. 241-357. https://doi.org/10.1002/iir.128610.1002/iir.1286
Certainty of subject matter: what China can learn from English trust law
Zhang, D. 2018. Certainty of subject matter: what China can learn from English trust law. Trusts & Trustees. 24 (10), pp. 1020-1030. https://doi.org/doi.org/10.1093/tandt/tty154
A recommendation to improve the opt-out mechanism in EU regulation on insolvency proceedings recast
Zhang, D. 2018. A recommendation to improve the opt-out mechanism in EU regulation on insolvency proceedings recast. International Company and Commercial Law Review. 28 (5), pp. 167-175.