Articolul precedent |
Articolul urmator |
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Căutarea după subiecte similare conform CZU |
336.71:34 (2) |
Monedă. Sistem monetar. Bănci. Bursa de mărfuri (787) |
Drept. Jurisprudență (15319) |
![]() ARMEANIC, Alexandru, ZAHARIYA, Sergei. Legal regime and bank resolution procedure. In: Ştiinţă, educaţie, cultură , Ed. 1, 21 octombrie 2024, Chisinau. Comrat: "A&V Poligraf", 2024, Vol.1, pp. 512-519. ISBN 978-9975-83-295-3. |
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Ştiinţă, educaţie, cultură Vol.1, 2024 |
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Conferința "Ştiinţă, educaţie, cultură" 1, Chisinau, Moldova, 21 octombrie 2024 | ||||||
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CZU: 336.71:34 | ||||||
Pag. 512-519 | ||||||
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Rezumat | ||||||
The 2008 financial crisis highlighted the fragility of the banking system, which led to the implementation of legal rules to protect the stability of the banking system at EU Member State level through Directive 2014/59/EU establishing a legal framework for the recovery and resolution of credit institutions and investment firms. Taking into account the economic and financial situation, as well as the pressure to which the Moldovan authorities are subject, Law 232/2016 on the recovery and resolution of banks was promoted and adopted. Thus, bank resolution is a procedure designed to save, in whole or in part, the business of some banking entities. Bank resolution avoids and bypasses judicial insolvency proceedings. Thus, from a legal point of view, bank resolution is a procedure that allows systemic banks and the resolution authority to avoid normal judicial insolvency proceedings. The aim of bank resolution is therefore not to save the bank itself, but to ensure the continuity of critical bank functions, such as access to bank deposits and making payments. Thus, significant disruptions in the banking sphere could have negative economic, financial and social effects within a state entity. There is a certain difference between bank resolution and normal insolvency proceedings, namely: the overall objective of the resolution regime is to ensure the rapid resolution of a bank with minimal risk to financial stability. The objectives of resolution are much broader than the objectives of normal insolvency proceedings, which usually focus on the interests of creditors. The resolution regime aims to ensure overall financial stability. In this context, the resolution authority would also seek to ensure that no creditor would be disadvantaged in the resolution process, which is not the case in insolvency proceedings. |
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Cuvinte-cheie bank, creditor, banking system, bank resolution, insolvency, credit institution, financial stability, банк, кредитор, банковская система, резолюция банка, неплатежеспособность, кредитная организация, финансовая стабильность |
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