Misselling in Self-placement and Bank Resolution under BRRD2
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Ugo Malvagna
Abstract
1. Bank crises and the treatment of retail investors in the BRRD era. – 2. The problem of misselling in the context of self-placement of securities issued by banks. – 3. The (loose) interplay between investor protection and bank resolution in the current regulatory environment. – 4. The Single Resolution Board’s policy on the treatment of retail clients’ holdings for the purpose of MREL eligibility. – 5. Art. 44 a BRRD 2 on the «selling of subordinated eligible liabilities to retail clients». – 6. The need for a more effective integration between investor protection and bank resolution discipline: from an ex-post to an ex-ante approach. The role of product governance under MiFID 2. – 7. Concluding remarks.
Note
Parr. 1, 3, 5 and 7 shall be attributed to Ugo Malvagna. Parr. 2, 4 and 6 shall be attributed to Antonella Sciarrone Alibrandi.
© 2020 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- A Critical Analysis of the Rationale for Financial Regulation Part I: Theories of Regulation
- A Critical Analysis of the Rationale for Financial Regulation Part II: Objectives of Financial Regulation
- European Legal Forms – Underlying Systematic and Principles
- Misselling in Self-placement and Bank Resolution under BRRD2
- European Insider Trading Theory Revisited: The Limits of the Parity-of-Information Theory and the Application of the Property Rights in Information Theory to Activist Investment Strategies
Articles in the same Issue
- A Critical Analysis of the Rationale for Financial Regulation Part I: Theories of Regulation
- A Critical Analysis of the Rationale for Financial Regulation Part II: Objectives of Financial Regulation
- European Legal Forms – Underlying Systematic and Principles
- Misselling in Self-placement and Bank Resolution under BRRD2
- European Insider Trading Theory Revisited: The Limits of the Parity-of-Information Theory and the Application of the Property Rights in Information Theory to Activist Investment Strategies