On 9th July 2002, the Swiss Federal Banking Commission (SFBC) published for consultation a proposal for a new SFBC Money Laundering Regulation. The draft regulation proposes stricter rules for banks and securities dealers to prevent money laundering and financing of terrorism and details...

This article seeks to contribute to the debate on how to devise an appropriate legal framework for foreign bank operations. It considers the implications of the corporate form of foreign bank operations and examines how countries can protect domestic financial systems effectively from the...

The global financial crisis has revealed significant weaknesses in resolution regimes for large and internationally active financial institutions. The nub of the problem is the mismatch that exists between the way institutions are organised and operate, the way they are regulated and supervised...

The intense discussion of the ‘too big to fail' syndrome has diverted attention from the equally important issue of complexity. Size alone does not matter. It is the complexity of the legal structure of cross-border financial groups and the high degree of integration of their operations that...

Banks fulfill special functions in an economy. The primary objective of a bank insolvency regime must be to preserve these essential functions. This objective should guide the design of the legal framework for bank insolvency. The banking supervisory authority or a designated resolution...

This article considers the challenges for policy makers posed by the distress that can afflict large and complex financial institutions (LCFI) with a global reach. It explores the impediments to solutions that require close cooperation among national regulators and argues in favor of a pragmatic...