Tag: Banks

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  Silence is Golden

  A banker disagrees with the manner in which the bank treats his client. Can a banker go public with his objections, or should he keep these 'in house'?

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  Out of the shadows…into the sun? Where financial policy meets party autonomy

  Can policy makers regulate ‘shadow banking’ without unjustified limitation of party autonomy?

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  Cross-border banks and crisis management

  On 6 June, the European Commission (Commission) presented a proposal for a Crisis Management Directive (CMD) to develop a common framework for the recovery and resolution of banks and investment firms. Lessons learned from the financial crisis?

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  Expansion of the ESM powers: Treaty change or not?

  Eurozone leaders recently decided that the ESM should expand its powers and provide direct aid to banks. Is this allowed under the current ESM treaty or is a treaty change (and thus a new round of ratification of national parliaments) necessary?

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  An unlimited duty of care of banks?

  The current standards of due care in financial law do not seem to offer enough protection to clients of financial undertakings. Financial supervisors suggest the introduction of a ‘generic’ duty of care: what are the limits of this proposed duty of care?

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  Emotional customers, cautious banks

  Banks have to warn their customers against the risks of trading in options and futures, all the more so when the customer is emotional about previous losses. Does that not, generally speaking, go too far?

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  The end of an area

  The euro crisis is back. Greek and French elections have put strengthening fiscal rules and rescue plans back on the agenda, no matter what Chancellor Merkel says. It is time to consider a civilized divorce of an ill conceived monetary marriage.

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  State aid is simply wrong

  Although state aid can be a profitable business for governments and although it seems to save companies and safeguard employment, it should be abolished from our capitalistic system. State aid is simply wrong.

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  I do solemnly swear…

  Friday the 13th is, arguably, not a bad day to introduce measures to prevent disasters from happening again. The Dutch Finance Minister, Jan-Kees de Jager, chose this day to introduce reforms in the banking and financial services industries.

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  Fortis: banks, fiduciary duties and the general interest

  The Enterprise Chamber of the Amsterdam Court of Appeal has made some interesting general statements about the fiduciary duties of the executive and supervisory boards of banks in the VEB/Ageas case. These statements will be addressed and evaluated.