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The Single Resolution Mechanism and the Single Resolution Fund: legal aspects of the second main pillar of the Banking Union

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The e-book provides a systematic and comprehensive review of the provisions of the legal acts which are the sources of Single Resolution Mechanism and the Single Resolution Fund that constitute the second main pillar of the European Banking Union. This is the fifth extended and fully updated edition of the study authored by Christos Gortsos.

30 April 2019
Source: Author/SSRN

Author:
Christos Gortsos, National and Kapodistrian University of Athens

>  The Single Resolution Mechanism (SRM) and the Single Resolution Fund (SRF): Legal Aspects of the Second Main Pillar of the European Banking Union

Abstract:

The fifth edition of the present study contains a further update in full of the institutional and regulatory framework governing the Single Resolution Mechanism (SRM) and the Single Resolution Fund (SRF). Its structure has also been revised, since the Sections of previous editions have been turned into Chapters, each of which (except the last one) comprises several Sections.

All Sections have also been extended and updated, primarily (but not solely) those included in Chapters 4 (on resolution planning) and 6 (on the SRF, discussing also briefly, and as appropriate, the proposals on the establishment of the European Deposit Insurance Scheme (EDIS)), while several new secondary sources have been added as well. The (new) Section C of Chapter 6 briefly discusses for the first time the issue relating to the provision of liquidity in resolution.

The study discusses to some extent the 2016 legislative “banking package” on the amendment, inter alia, of the Single Resolution Mechanism Regulation (SRMR) and the Bank Recovery and Resolution Directive (BRRD). Nevertheless, since the proposed legal acts had not yet been published at the time when this study was finalised, a detailed presentation of their provisions is deemed as being outside its scope (at least, at this stage).

Like in previous editions, all primary sources are mentioned, as appropriate, in the main text, and are then listed at the end of the study, along with an extensive list of secondary sources.

The cut-off date for information contained in this study is 30 April 2019.

Content:
  • Chapter 1 – The Single Resolution Mechanism and the Single Resolution Fund within the system of the Banking Union
  • Chapter 2 – The SRM Regulation and the SRF Agreement: General provisions
  • Chapter 3 – The Single Resolution Board
  • Chapter 4 – Resolution planning and early intervention
  • Chapter 5 – Resolution action
  • Chapter 6 – The Single Resolution Fund (SRF)
  • Chapter 7 – Concluding remarks and assessments

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