商科essay写作-The bankruptcy system of American Banks

1、essay写作网（）-专业留学生作业辅导中心商科essay写作-The bankruptcy system of American BanksAmericas bankrupting regime is attracting attention from the rest of the world. Britains bank-specific bankruptcy law, passed in 2009, largely borrows from Americas. Since then, the Basel committee on banking supervision, the financial stability commission and the European Union have issued a series of documents on the bankruptcy mechanism of Banks and other financial institutions, all based on the us bank bankruptcy law syst

2、em.美国破产的政权正引起世界其他国家的关注。2009年通过的英国银行特定破产法主要借鉴了美国的破产法，此后，巴塞尔银行监管委员会、金融稳定委员会和欧盟就银行和其他金融机构的破产机制发布了一系列文件。所有条款都基于美国银行破产法体系。The English language has a special term for bank insolvency, insolvency, distinct from the Bankruptcy, which means the Bankruptcy of an ordinary business. In the United States, bank bankruptcy does not apply to ordinary bankruptcy law, but has a bankruptcy law system specifically for Banks. The federal reserve, the monetary authority and the federal deposit insurance corporation a

3、re the three agencies that oversee Banks. Under the 2010 dodd-frank Wall Street reform and consumer protection act, all large systemic financial institutions are brought under the feds regulatory purview.英语中对银行破产有一个特殊的术语，“破产”，与“破产”不同，后者是指普通企业的破产。在美国，银行破产不适用于普通破产法，但有专门针对银行的破产法体系。美联储、金融管理局和联邦存款保险公司是监管银行的三个机构。根据2010年多德-弗兰克华尔街改革和消费者保护法，所有大型系统性金融机构均纳入美联储的监管范围。The monetary authority is the main regulator of federal Banks. The fdic, as the main government agency dealing with bank failures, is, of cours

4、e, responsible for managing the federal deposit insurance fund and for dealing with the bankruptcy of Banks and other financial institutions. But beyond that, it is one of the main functions of the fdic to undertake financial regulation.金融管理局是联邦银行的主要监管机构。联邦存款保险公司作为处理银行破产的主要政府机构，当然负责管理联邦存款保险基金，以及处理银行和其他金融机构的破产。但除此之外，金融监管是FDIC的主要职能之一。There are only three institutions that have the right to bring a bank into bankruptcy. But creditors and debtors have no right to bring a bank bankruptcy.Chapter 11 a

5、nd 13 of the federal deposit insurance act are the main contents of the us bank bankruptcy law. There are three reasons for bank bankruptcy: the first reason is liquidity, that is, the bank can not pay off debts due; The second is the cause of assets and liabilities, that is, the total value of the assets of the bank debtor is greater than the liabilities; The third is the cause of regulatory bankruptcy, that is, when the banks capital adequacy ratio is less than 2%, it is essentially insolvent

6、even without the two reasons mentioned above. Such a regulation can make the relevant bank regulators step in early, seize the opportunity of bank restructuring, and reduce the loss of bank bankruptcy.There are two bankruptcy procedures under the U.S. bank bankruptcy law: Conservatorship and Receivership. Due to the particularity and importance of Banks as a financial enterprise, in practice, Banks will not resort to liquidation and disposal unless absolutely necessary. Whats more, they will res

7、tore normal operation or sell them to other institutions for restructuring through various rescue measures, that is, they will take over the problem Banks.The fdic, of course, evaluates whether to bail out or restructure troubled Banks based on three principles. Second, the information protection of the financial system. If the failure of a bank has a huge impact on public confidence and even the financial system, it shall not be allowed to fail, that is, too big to fail. Third, the federal depo

8、sit insurance corporation has the rescue ability, must ensure the federal deposit insurance corporation position effective flow, maintains the deposit insurance system sound.In order to attract more Banks to participate in the bidding, the federal deposit insurance corporation often reaches loss-sharing Agreements with the winning Banks in the bankruptcy resolution process. Loss-sharing agreement usually follows the following pattern: for the portfolio of assets in an agreement, the winning bank

9、 shall first assume 100% of the amount of loss; after that, a certain amount of losses shall be borne by the fdic at 80% and the winning bank at 20%. The fdic bears 95% of all losses thereafter, while the winning bank bears only 5%. During the banking crises of the late 1980s and early 1990s, the fdic successfully used various forms of loss-sharing agreements. Subsequent studies have shown that loss-sharing agreements have been the most effective in reducing the cost of fdic bankruptcy resolution.The fdics process for taking over troubled Banks is an administrative one, and under U.S. law, no court or other regulator has the authority to intervene in the fdics process. Unless the fdic requests it, the court loses jurisdiction over litigation involving the bank. This regulation guarantees the efficiency of the reorganization or liquidation of the problem Banks.In terms of the order of repayment, the federal

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