Conclusion (2024)

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Chapter

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Ronald Davis,

Ronald Davis

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Stephan Madaus,

Stephan Madaus

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Monica Marcucci,

Monica Marcucci

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Riz Mokal,

Riz Mokal

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Barbara Romaine,

Barbara Romaine

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Janis Sarra,

Janis Sarra

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Ignacio Tirado

Ignacio Tirado

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Pages

394–402

  • Published:

    August 2023

Cite

Davis, Ronald, and others, 'Conclusion', Financial Institutions in Distress: Recovery, Resolution, and Recognition (Oxford, 2023; online edn, Oxford Academic, 24 Aug. 2023), https://doi.org/10.1093/oso/9780192882516.003.0010, accessed 20 Apr. 2024.

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Abstract

The conclusion offers some final thoughts on insights throughout the book. The proposed features of a Model Law on Cross-border Financial Institution Resolution framework promote global solutions and enhanced cooperation and coordination between resolution authorities, while giving due regard to local expectations and concerns. A global approach to restructuring and liquidation of financial institutions is essential to containing the systemic impact of financial institution failure. At the same time, the regime must have regard to the impact of the resolution solution on the local creditors, depositors, and policyholders, and on the stability of the domestic financial system. The key features of effective cross-border resolution measures address the cross-border aspects of the financial distress and promote centralized approaches, while recognizing that local jurisdictions may, in relevant circ*mstances, more fairly and efficiently administer local liabilities and assets. Such a process respects the normative weight of legislative choices in each jurisdiction that are not unfair or prejudicial to interests affected outside the jurisdiction.

Financial Institutions in Distress. Ronald Davis, Stephan Madaus, Monica Marcucci, Irit Mevorach, Riz Mokal, Barbara Romaine, Janis Sarra and Ignacio Tirado, Oxford University Press. © Ronald Davis, Stephan Madaus, Monica Marcucci, Irit Mevorach, Riz Mokal, Barbara Romaine, Janis Sarra, and Ignacio Tirado 2023. DOI: 10.1093/oso/9780192882516.003.0010

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