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“But we are different!”: 12 Common Weaknesses in Banking Laws, and What to Do About Them
Author:
Wouter Bossu null

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Dawn Chew null

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Series:
IMF Working Papers
Volume/Issue:
Volume 2015: Issue 200
Language:
English
Publication Date:
10 Sep 2015
DOI:
https://doi.org/10.5089/9781513586458.001
ISBN:
9781513586458
ISSN:
1018-5941
Pages:
44
Keywords:
WP; supervisory authority; licensing authority; party transaction; lending bank; banking supervisor; problem bank situation; Banking Regulation; Policy Analysis; home supervisor; civil law; party rule; Bank legislation; Legal support in revenue administration; Basel Core Principles; Consolidated banking supervision; Bank licensing; Global
Legal-disclaimer:
IMF Working Papers describe research in progress by the author(s) and are published to elicit comments and to encourage debate. The views expressed in IMF Working Papers are those of the author(s) and do not necessarily represent the views of the IMF, its Executive Board, or IMF management.
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Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.
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Cover IMF Working Papers
IMF Working Papers
ISSN:
1018-5941
Publisher:
International Monetary Fund