entity · derived

German banking law

10 claims across 1 works, 2012–2012.

Derived node: assembled mechanically from the claims carrying german-banking-law. A roster, not an adjudicated definition.

Every claim under this term

• 2061166-011 2012 failure: Before the 2010 reform, the German regulatory intervention regime for financial institutions contained no procedure that would have reliably permitted a bank to be operated as a going concern during t
• 2061166-012 2012 failure: The German provision allowing appropriate compensation of shareholders whose rights are impaired can defeat the statute's own purpose, because time is of the essence in bank reorganization and the app
• 2061166-013 2012 failure: The German voluntary reorganization procedure has a structural gap: groups of financial institutions, financial holding groups and conglomerates cannot petition for protection under it, even though th
• 2061166-014 2012 failure: Because German law fixes no threshold conditions or determining factors for market reception or market confidence, the systemic relevance and contagion determinations that turn on those factors can ne
• 2061166-015 2012 predictive: Because the amendments to the German Banking Act sharply increase the supervisor's intervention powers, the prospect that any systemically important bank would voluntarily petition under the German st
• 2061166-016 2012 failure: The supervisor's discretion to set a deadline for a recovery plan before issuing a transfer order is unlikely ever to be exercised in practice, because in a crisis time will be of the essence to preve
• 2061166-017 2012 failure: Requiring only that consideration be commensurate with the value of transferred assets invites frequent and significant disputes over valuation, a problem compounded when the consideration consists of
• 2061166-018 2012 failure: The German bank levy is internally inconsistent because financial institutions without systemic relevance must contribute to the reorganization fund yet are ineligible to receive support payments from
• 2061166-019 2012 failure: The German reorganization fund's maximum volume of 70 billion euros may not suffice in a financial crisis, and the availability of those funds and the time needed to raise them are an even greater con
• 2061166-020 2012 failure: The German Banking Act requirement that a bridge bank have its head office inside Germany is of highly questionable compatibility with European Union law, specifically the principle of free movement o

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