Bank Liquidation in an International Setting

Legal Floris LLC

Bank liquidation is a process that occurs when a financial institution is unable to meet its obligations and its assets are sold off to pay its debts. In the United States, the legal framework for bank liquidation is largely dictated by the Federal Deposit Insurance Corporation (FDIC). Legal frameworks outside the USA provide similar but also distinct rules to end distress in financial institutions.

In the European Union, the European Central Bank (ECB) is the main regulatory body for financial institutions, and the legal framework for bank liquidation is largely dictated by the Bank Recovery and Resolution Directive (BRRD). This directive is designed to ensure that the resolution of failing banks is conducted in an orderly fashion and to protect the interests of both creditors and depositors. The BRRD sets out the procedures for the resolution of failing banks and sets out the criteria for when resolution is necessary.

In the United Kingdom, the Bank of England is the main regulatory body for financial institutions. The legal framework for bank liquidation is largely dictated by the Financial Services Act 1986 and the Banking Act 2009. The Financial Services Act 1986 sets out the legal framework for the liquidation of banking and investment firms. The Banking Act 2009 sets out the statutory framework for the orderly resolution of failing banks and the protection of depositors’ funds.

In Australia, the Australian Prudential Regulation Authority (APRA) is the main regulatory body for financial institutions. The legal framework for bank liquidation is largely dictated by the Financial Sector (Collection of Data) Act 2001 and the Banking Act 1959. The Financial Sector (Collection of Data) Act 2001 sets out the procedures for the resolution of failing banks, the protection of depositors’ funds, and the disposal of assets. The Banking Act 1959 sets out the legal framework for the orderly liquidation of banks and other financial institutions.

In India, the Reserve Bank of India (RBI) is the main regulatory body for financial institutions. The legal framework for bank liquidation is largely dictated by the Banking Regulation Act 1949 and the Deposit Insurance and Credit Guarantee Corporation Act, 1961. The Banking Regulation Act 1949 sets out the procedures for the resolution of failing banks, the protection of depositors’ funds, and the disposal of assets. The Deposit Insurance and Credit Guarantee Corporation Act, 1961 sets out the legal framework for the orderly liquidation of banks and other financial institutions.

In Japan, the Financial Services Agency (FSA) is the main regulatory body for financial institutions. The legal framework for bank liquidation is largely dictated by the Banking Act. The Banking Act sets out the procedures for the resolution of failing banks, the protection of depositors’ funds, and the disposal of assets.

Bank liquidation outside of the United States is largely regulated by the respective national banking authorities. The legal framework for bank liquidation varies from jurisdiction to jurisdiction and is largely dictated by the applicable banking laws and regulations. It is important for financial institutions to be familiar with the applicable legal framework and ensure that the liquidation process is conducted in an orderly fashion in order to protect the interests of all stakeholders.

Telephone:
001 646 513 2855 – USA
00371 678 81974 – Latvia
00357 25 057 544 – Cyprus
00352 20 301970 – Luxembourg

E-mail:
[email protected]
[email protected]
[email protected]
[email protected]

Registered office:
1013 Centre Rd. Suite 403-A
Wilmington, 19805
Delaware – USA

Cyprus office:
Kitiou Kyprianou street 31
3036 Limassol – Cyprus

Postal address:
PO Box 50472
3605 Limassol – Cyprus