[...]... definitions of bank and banking business’ should be compatible with the practice of banking in a particular country Chapter 2 examines developments in banking law relating to the Basle Committee’s Core Principles for Effective Banking Supervision That chapter also looks at xi Banking Supervision and Systemic Bank Restructuring pertinent issues in systemic bank restructuring and argues that restructuring, ... Core Principles for Effective Banking Supervision IMF STANDARDS FOR SOUND BANKING What the IMF can do IMF’S IDENTIFICATION OF SOME SOURCES OF BANKING SYSTEM PROBLEMS Sources of banking system problems Legal aspects of systemic bank restructuring Some lessons of experience in systemic bank restructuring Beyond banking supervision and systemic restructuring Conclusion 4 21 21 23 26 29 32 CONTEMPORARY... framework for banking supervision in Zambia The Banking and Financial Services Act 1994 Chapter 6 of the Banking and Financial Services Act 1994 Conclusion 3 33 34 38 48 57 BANK SHAREHOLDERS AND THEIR OBLIGATION TO PAY UP FOR SHARES 59 INTRODUCTION Obligations of bank shareholders to pay up the called-up share capital Conclusion xv 11 12 18 20 59 61 65 Banking Supervision and Systemic Bank Restructuring. .. banking and international trade law, as well as under commercial law As the title of the book – Banking Supervision and Systemic Bank Restructuring: An International and Comparative Legal Perspective – suggests, this work is not just about analysing legislation relating to banking supervision Rather, the work provides an interdisciplinary analysis of contemporary issues in banking supervision and systemic. .. a bank insolvency.3 Defining bank and banking business’ Given that this book deals with the legal aspects of banking supervision and systemic bank restructuring, it is imperative that we first define the terms bank and banking business, before delving into the intricacies of the subject at hand Indeed, as we shall see in Chapter 2, Core Principle 2 of the Basle Core Principles for Effective Banking. .. toolkit for banking supervision which provides for fully contingent and exhaustive solutions to banking crises, it is argued that effective and prudential banking supervision can be undertaken through the adoption of interdisciplinary tools and approaches to supervision Fields such as banking law, corporate finance, and corporate and securities law are rich sources of the law for effective banking supervision. .. The World Bank Washington DC September 2000 xiii CONTENTS Acknowledgments Preface Table of Cases Table of Legislation 1 vii xi xix xxiii 1 CONTEXT OF THE STUDY Defining bank and banking business’ Deposit-taking Conclusion 2 INTRODUCTION 1 2 7 9 CORE PRINCIPLES FOR EFFECTIVE BANKING SUPERVISION AND SYSTEMIC BANK RESTRUCTURING 11 INTRODUCTION The Basle Core Principles for Effective Banking Supervision. .. of ushering in an efficient and effective regulatory framework for banking supervision An argument is also made that, while there is no single toolkit for banking supervision that provides for fully contingent rules to deal with bank crises, effective and prudential banking supervision can be undertaken best through the adoption of interdisciplinary tools and approaches to supervision Chapter 3 looks... so or of being a bank This definition postulates an objective test Lord Denning, and to a lesser extent Diplock LJ, propounded a test based on subjective criteria ’ 18 Op cit, Cranston, fn 2, pp 4–5 5 Banking Supervision and Systemic Bank Restructuring banking licence’ means a licence granted under s 4; … banking business’ means the business of receiving deposits from the public and the use of such... investors and ensure investor confidence in the market, the regulatory authority in charge of banking supervision can either close down an insolvent bank or supervise its reorganisation? Indeed, it is such issues that underpin the importance of defining what constitutes a bank and banking business’ Thus, this chapter has shown the relevance of defining the terms bank and banking business’, and has . Data Mwenda, Kenneth Kaoma Banking supervision and systemic bank restructuring: an international and comparative analysis 1 Banking law 2 Banks and banking – State supervision I Title 346'.082 ISBN. PRINCIPLES FOR EFFECTIVE BANKING SUPERVISION AND SYSTEMIC BANK RESTRUCTURING 11 INTRODUCTION 11 The Basle Core Principles for Effective Banking Supervision 12 IMF STANDARDS FOR SOUND BANKING 18 What. BANKING SYSTEM PROBLEMS 21 Sources of banking system problems 21 Legal aspects of systemic bank restructuring 23 Some lessons of experience in systemic bank restructuring 26 Beyond banking supervision