IMF Working Papers

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

By Wouter Bossu, Dawn Chew

September 10, 2015

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Wouter Bossu, and Dawn Chew. “But we are different!”: 12 Common Weaknesses in Banking Laws, and What to Do About Them, (USA: International Monetary Fund, 2015) accessed October 4, 2024
Disclaimer: This Working Paper should not be reported as representing the views of the IMF.The views expressed in this Working Paper are those of the author(s) and do not necessarily represent those of the IMF or IMF policy. Working Papers describe research in progress by the author(s) and are published to elicit comments and to further debate

Summary

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.

Subject: Bank legislation, Bank licensing, Banking, Basel Core Principles, Consolidated banking supervision, Financial regulation and supervision, Legal support in revenue administration, Revenue administration

Keywords: Bank legislation, Bank licensing, Banking Regulation, Banking supervisor, Basel Core Principles, Civil law, Consolidated banking supervision, Global, Home supervisor, Legal support in revenue administration, Lending bank, Licensing authority, Party rule, Party transaction, Policy Analysis, Problem bank situation, Supervisory authority, WP

Publication Details

  • Pages:

    44

  • Volume:

    ---

  • DOI:

    ---

  • Issue:

    ---

  • Series:

    Working Paper No. 2015/200

  • Stock No:

    WPIEA2015200

  • ISBN:

    9781513586458

  • ISSN:

    1018-5941