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Restructuring non-performing loans for bank recovery: private workouts and securitisation mechanisms

Miglionico, A. (2019) Restructuring non-performing loans for bank recovery: private workouts and securitisation mechanisms. European Company and Financial Law Review, 16 (6). pp. 746-770. ISSN 1613-2556

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To link to this item DOI: 10.1515/ecfr-2019-0026

Abstract/Summary

Resolving regimes of non-performing loans (NPLs) have raised concerns among supervisory authorities and banking regulators. NPLs play a central role in the linkages between poor lending and credit risks. A high stock of NPLs is undesirable to investors which can lead a decrease in the stock price, profitability loss and potentially to a distressed scenario. In the aftermath of the global crisis, the early resolution of NPLs requires coordinated insolvency proceedings and harmonised restructuring tools. The EU legislation introduced minimum loss coverage layers of capital for NPLs to address newly formed losses. This article argues that there is a need to enhance private arrangements within the resolution of deteriorated debts – alternative to public support such as asset management companies and securitisation mechanisms – which in turn would make it more manageable to reduce the NPL on banks’ balance sheet.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:88029
Publisher:De Gruyter

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