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2 Resolution: Concepts, Requirements, and Tools

Jens-Hinrich Binder

From: Bank Resolution: The European Regime

Edited By: Jens-Hinrich Binder, Dalvinder Singh

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 03 December 2022

Banker-customer relationship — Deposit insurance schemes — Deposit protection schemes — Recovery and Resolution Plan (RRP) — Special Resolution Regime (SSR) — Regulation of banks — European Banking Authority (EBA)

This chapter presents an introduction and brief analysis of the resolution toolbox and accompanying powers found in the Bank Recovery and Resolution Directive (BRRD). Following an account of the key trends in the design of modern bank insolvency regimes the concept of resolution, as well as the key policy objectives of the BRRD are analysed. It then examines the conditions for resolution, and the general principles for resolution as set out by articles 32, 33, and 34 of the BRRD. The chapter concludes with a discussion of the four ‘resolution tools’ stated in articles 37–58 and the capital instruments described in articles 59–62.

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