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Part I General, 5 Corporate Law Versus Financial Regulatory Rules: The Impact on Managing Directors and Shareholders of Banks

Kitty Lieverse, Claartje Bulten

From: Governance of Financial Institutions

Edited By: Danny Busch, Guido Ferrarini, Gerard van Solinge

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 10 December 2023

Bank supervision — Investment business

This chapter discusses the impact of financial regulatory rules on the corporate governance of banks established in Europe. Banks are not ordinary companies. In view of their activities, banks also have to deal — through financial supervision — with extensive regulation of public interests. This impacts both the structure of banks and the manner in which they operate. A further dimension is added because of the European origin of the financial regulatory rules for the banking sector and because the European Central Bank (ECB) acts as a single supervisor. The impact of financial regulatory rules, including intervention by the supervisor, on the corporate governance of banks might potentially provide for European harmonisation of national company law based on the public interests that are being pursued for this sector.

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