Oxford Business Law Blog

In November, the European Banking Authority (EBA) issued a Discussion Paper on Machine Learning for IRB Models. As described therein, the aim of the Discussion Paper ‘is to understand the challenges...

Bank resolution is a cornerstone of the regulatory architecture that emerged in the aftermath of the global financial crisis. Its core aim is to orderly resolve distressed banks allocating losses to...

The National People’s Congress’ recent draft decision to impose a national security law on Hong Kong to target secession, subversion of state power, terrorism activities and foreign interference...

The recent stress in financial markets caused by the COVID-19 pandemic is an important reminder that shocks do not just come from sources that are endogenous to the financial system, as in the case...

Large scale bank bailouts can be very wasteful for society in terms of resources lost and increased public debt [1]. The doom loop means that the public cost of funding a bailout can place a serious...

The 2008 financial crisis set off a major debate about the role of accounting for financial stability. Politicians, policymakers and commentators were quick to point to fair-value or mark-to-market...

‘Too big to fail’—or ‘TBTF’—is a popular metaphor for a core dysfunction of today’s financial system: the recurrent pattern of government bailouts of large, systemically important financial...

Since the 1990s, the Internet has become the communications channel by which an increasing number of commercial and financial transactions take place. But already in the 1990s, it was clear that the...

On October 18, federal regulators released the largest U.S. insurance group, Prudential Financial, Inc., from enhanced government oversight. Prudential had been the last remaining systemically...

Lately, there has been no shortage of scandals involving fraudulent, predatory, and otherwise ethically unacceptable behavior on the part of large financial institutions. Much of this behavior was...

Retail banking in the UK is undergoing profound changes partly as a result of regulatory interventions such as Open Banking, a remedy imposed by the Competition and Markets Authority (CMA) which came...

Security interests are the building blocks of modern, credit-based economies, and a key component in the quest to promote economic development and sustainable growth. They provide lenders with rights...

Internationally driven secured transactions law reforms and globally harmonized prudential regulation set the normative premises sustaining the creation of credit in modern economies. Under the...

The current debate over the future of the Financial Stability Oversight Council (and specifically, its SIFI designation power) is missing an important point. The question should not be whether the...

It is now becoming increasingly clear that corporate culture in banking matters. While those immersed in corporate culture issues have known this for a while, the recent financial crisis has brought...

The central clearing of OTC derivatives is a key element of the post-crisis financial markets reforms. It offers numerous benefits for financial stability including the multilateral netting of...

This post comes to us from Aaron S Cutler and John A Bridge of Hogan Lovells. On 18 April 2016, as part of an on-going process that began in 2014, the Financial Stability Oversight Council (FSOC)...