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On 20 October 2009 the European Commission published a Communication entitled ‘An EU Framework for Cross-Border Crisis Management in the Banking Sector’. In this Communication the Commission considers tools that would be necessary to enable national banking supervisors to identify problems with...
Intra group financing may sometimes be an attractive alternative to credit facilities from a bank (consortium). However, parent and subsidiary loans, as well as ‘lateral’ (sidestream) loans trigger their own pitfalls, in particular in connection with recently changed capital preservation law in...
This is a follow-up on Lybecker's article in ECL Volume 6, Issue 5, about financial reform in the US. On 11 December 2009 the US House of Representatives approved the so-called Wall Street Reform and Consumer Protection Act of 2009. Although work in the US Senate, in particular by its Committee...
The current financial crisis had lead to a resurgence of debt-for-equity swaps as a corporate rescue tool throughout Europe. There are a number of common factors to be addressed with any debt-for-equity swap. This article seeks to focus on these factors and how they are typically addressed by...
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