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Banks and Thrifts: Government Enforcement and Receivership

Banks and Thrifts: Government Enforcement and Receivership is the first and only comprehensive guide to practice in this expanding area of banking law.
Publisher: Matthew Bender
Frequency: (1 issues)
Print Book :1 volume; looseleaf; updated annually.
$617.00
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ISBN: 9780820519234
Publisher: Matthew Bender
Frequency: (1 issues)
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Banks and Thrifts: Government Enforcement and Receivership is the first and only comprehensive guide to practice in this expanding area of banking law. This publication untangles and synthesizes the complexity of enforcement and receivership law, with an emphasis on the role of the FDIC, and helps you to:

•  Evaluate claims
•  Choose the best course of conduct in each case, protect banks against regulatory violations
•  Proceed knowledgeably through informal enforcement proceedings
•  Defend or litigate with confidence
•  Guide financial institutions through the seizure process
•  Represent debtors and creditors

First published in 1991.

1 volume; Updated annually.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Table of Contents

Part I INTRODUCTION

Chapter 1 Historical Perspective

Chapter 2 History and Coordination of the Agencies’ Enforcement Powers

Part II APPLICATION AND EXAMINATION

Chapter 3 Application Process

Chapter 4 Examination Process

Part III: DUTIES, RESPONSIBILITIES, AND POTENTIAL CIVIL LIABILITY OF DIRECTORS, OFFICERS AND PROFESSIONALS

Chapter 5 Directors and Officers of Financial Institutions

Chapter 6 Duties, Responsibilities, and Potential Liability of Outside Professionals

Chapter 6A Director's Examinations

Chapter 6B Bank Audits by Independent Accountants

Chapter 7 Director and Officer Insurance and Bond Claims

Part IV: REGULATORY ENFORCEMENT PROCESS AND PARALLEL PROCEEDINGS

Chapter 8 Informal Enforcement Process

Chapter 9 Formal Enforcement Process

Chapter 10 Parallel Civil and Criminal Proceedings

Part V: FDIC, FEDERAL ASSISTANCE AND TROUBLED INSTITUTIONS

Chapter 11 Federal Deposit Insurance Corporation and Open Institution Assistance

Chapter 12 Regulatory Seizure of Institutions

Chapter 13 Failed Financial Institution Transactions

Chapter 14 Troubled Holding Companies

Chapter 14A Subsidiaries of Failed Institutions

Part VI: RECEIVERSHIP LAW – GENERALLY

Chapter 15 Origin and Nature of Bank and Thrift Receiverships

Chapter 16 Possession and Title of Receivers Generally

Chapter 17 Rights and Obligations of Receivers Generally

Chapter 18 Administration of Receivership Estates

Part VII: SPECIAL POWERS OF FDIC/RTC

Chapter 19 Overview of Special Powers of the FDIC

Chapter 20 Powers of the FDIC and RTC as Receiver or Conservator to Affirm or Repudiate Contracts

Chapter 21 Other Non-Litigation Special Powers

Chapter 22 Extension of Certain Special Powers to Third Parties

Chapter 23 Claims Procedures Against Receivers

Part VIII: LITIGATION SPECIAL POWERS OF FDIC/RTC

Chapter 24 Special Litigation Powers - Procedures and Limitations

Chapter 25 Special Litigation Powers - The D’Oench Doctrine, 12 U.S.C. Section 1823(e), and Federal Holder in Due Course Doctrine

Chapter 26 Interaction Between Banking Laws and Securities Laws

Chapter 27 Litigation Pertaining to Preferential Transfers Affecting National Banks

Chapter 28 Interaction Between Banking Laws and the Bankruptcy Code