Suchergebnisse

Part I. Financial Systems and Regulation -- The evolution of theory and method in law and finance / Simon Deakin -- Economic development, financial systems, and the law / Colin Mayer -- Financial systems, crises, and regulation / Frank Partnoy -- Part II. The Organization of Financial System Regulation -- Institutional design: the choices for national systems / Eilis Ferran -- Institutional design: the international architecture / Christopher Brummer and Matt Smallcomb -- Organizing regional systems: the EU example / Brigitte Haar -- Organizing regional systems: the US example / Eric J. Pan -- Part III. Delivering Outcomes and Regulatory Techniques -- Regulatory styles and supervisory strategies / Julia Black -- The role of gatekeepers / Jennifer Payne -- Enforcement and sanctioning / Iain MacNeil -- Part IV. Financial Stability -- Systemic risk and macro-prudential supervision / Rosa M. Lastra -- The role of capital in supporting financial stability / Kern Alexander -- Managing risk in the financial system / Peter O. Mülbert -- Regulating the insurance sector / Michelle Everson -- Making bank resolution credible / John Armour -- Cross-border supervision of financial institutions / Douglas W. Arner -- Part V. Market Efficiency, Transparency, and Integrity -- Disclosure and financial market regulation / Luca Enriques and Sergio Gilotta -- Conduct of business regulation / Andrew F. Tuch -- Regulating financial market infrastructures / Guido Ferrarini and Paolo Saguato -- Regulating trading practices / Andreas Martin Fleckner -- Supporting market integrity / Harry McVea -- Regulating financial innovation / Emilios Avgouleas -- Part VI. Consumer Protection -- The consumer interest and the financial markets / Dimity Kingsford Smith and Olivia Dixon -- Regulating the retail markets / Niamh Moloney

It is common for contracts to include a clause that provides that on an event of default the counterparty has an unconditional right to terminate the contract or accelerate payment (an ipso facto clause). The regulation of ipso facto clauses has become a topic of debate in recent years with a number of jurisdictions introducing constraints on such clauses as part of broader restructuring reform packages. These jurisdictions include Germany in 2021 (as part of its implementation of the EU Restructuring Directive) and the United Kingdom in 2020. For jurisdictions introducing such constraints for the first time, there is much to learn from those, such as Canada, that have had constraints on ipso facto clauses in place for much longer. This article examines the experience in Canada alongside the constraints introduced in the United Kingdom, the EU Restructuring Directive and Germany, and identifies a series of steps that policymakers should follow when revising a regime on ipso facto clauses. Although there are a number of common themes that emerge, it is clear that different jurisdictions often make quite distinct policy choices regarding the rationale for any constraints on ipso facto clauses as well as on the specific nature and scope of the provisions. Different jurisdictions find different points of balance between the interests of individual creditors in upholding their freedom of contract and the rights of the debtor and creditors as a whole in preserving the business as a going concern. The range of choices is not per se problematic as long as they are implemented with clarity and transparency, so that debtors and creditors can bargain ex ante in the light of any legislative provisions. ; Publikationsfonds MLU