The Polish Bank Insolvency Regime

The bank insolvency framework in Poland should be modernized to ensure financial stability, maintain the continuity of critical functions in the banking system, and protect depositors and creditors, while assigning losses according to a pre-established creditor hierarchy. Several country experiences in Europe and elsewhere have demonstrated the effectiveness of new bank resolution measures by the European commission. A key aspect of the resolution process is for the authorities to swiftly assess and revalue the balance sheet of the intervened bank. Other particularities of modern resolution procedures relate to maintaining the integrity of secured financial contracts to prevent disruptions in financial market transactions including in payments and settlements systems. The treatment of systemically important institutions should rely on extraordinary resolution tools which are necessary if a bank is too large to be purchased or for its liabilities to be readily assumed. The purpose of this paper is thus to describe and recommend new features that can be added to strengthen the Polish legislation for handling commercial bank insolvencies. The paper focuses on the legal issues related to insolvency of banks (including commercial banks and cooperative banks). The banking sector's share in the total assets of the credit sector amounts to 89 percent while cooperative banks control 6 percent. The only wholly-owned state bank is the development bank Bank Gospodarstwa Krajowego (BGK) which is subject to supervision by the Polish Financial Supervisory Authority (KNF).

Bibliographic Details

Main Author:	Pollner, John D.
Format:	Report biblioteca
Language:	English en_US
Published:	World Bank, Washington, DC 2012-07
Subjects:	ACCESS TO CREDIT, ACCOUNTABILITY, ACCOUNTING, ADEQUATE LEGAL PROTECTION, ADMINISTRATIVE ACTIONS, ADMINISTRATIVE COSTS, ADMINISTRATIVE POWERS, ADMINISTRATIVE PROCEDURES, ARRANGEMENT WITH CREDITORS, ASSET MANAGEMENT, ASSET MANAGEMENT COMPANIES, ASSET RATIO, ASSET SALES, ASSET VALUE, ASSET VALUES, ASSUMPTION OF LIABILITIES, ASSUMPTION TRANSACTIONS, AUDITING, AUDITS, BALANCE SHEET, BALANCE SHEET INSOLVENT, BALANCE-SHEET INSOLVENT, BANK CREDITORS, BANK FAILURE, BANK INSOLVENCIES, BANK INSOLVENCY, BANK INSOLVENCY FRAMEWORK, BANK INSOLVENCY REGIME, BANK INSOLVENCY REGIMES, BANK LIABILITIES, BANK LIQUIDATION, BANK RESTRUCTURING, BANK RUN, BANKING AUTHORITY, BANKING LAW, BANKING LAWS, BANKING SECTOR, BANKING SUPERVISION, BANKING SYSTEM, BANKRUPTCIES, BANKRUPTCY, BANKRUPTCY CASES, BANKRUPTCY LAW, BANKRUPTCY PETITION, BANKRUPTCY PROCEDURES, BANKRUPTCY PROCEEDINGS, BANKS, BENEFIT OF CREDITORS, BOOK VALUE, CAPITAL ADEQUACY, CAPITAL INJECTIONS, CENTRAL BANKS, CIVIL PROCEDURE, CLAIM, CLAIMANTS, COMMERCIAL BANKS, COMMERCIAL INSOLVENCY, COMMERCIAL INSOLVENCY LAW, COMMERCIAL INSOLVENCY LAWS, COMPETITOR BANKS, CONSOLIDATION, CONTRACTUAL ARRANGEMENTS, CONTRACTUAL RELATIONSHIPS, COOPERATIVE BANKING, COOPERATIVE BANKING SECTOR, COOPERATIVE BANKS, CORPORATE INSOLVENCY, CORPORATE INSOLVENCY FRAMEWORK, CORPORATE INSOLVENCY LAW, CORPORATE INSOLVENCY PROCEEDING, COURT PROCEEDINGS, CREDIBILITY, CREDIT INSTITUTIONS, CREDITOR, CREDITOR CLAIMS, CREDITOR CLASSES, CREDITORS, DEBT, DEBT OBLIGATION, DEBTOR, DECLARATION OF BANKRUPTCY, DEPOSIT, DEPOSIT GUARANTEE, DEPOSIT INSURANCE, DEPOSIT INSURANCE AGENCIES, DEPOSIT INSURANCE AGENCY, DEPOSIT INSURANCE FUND, DEPOSIT INSURANCE FUNDS, DEPOSIT INSURANCE SCHEMES, DEPOSITOR, DEPOSITORS, DEPOSITS, DERIVATIVES, DISTRESSED BANKS, ESTATE, FEATURES OF INSOLVENCY LAW, FEDERAL DEPOSIT INSURANCE, FEDERAL DEPOSIT INSURANCE CORPORATION, FINANCIAL CONTRACTS, FINANCIAL INDICATORS, FINANCIAL INSTITUTION, FINANCIAL INSTITUTIONS, FINANCIAL MARKET, FINANCIAL REGULATION, FINANCIAL REPORTING, FINANCIAL SERVICES, FINANCIAL STABILITY, FINANCIAL STATEMENTS, FINANCIAL STRUCTURE, FINANCIAL SYSTEM, FOREIGN BANKS, FORMAL BANKRUPTCY, GOING CONCERN, GOING CONCERN VALUE, GOOD FAITH, GUARANTEE FUND, ILLIQUIDITY, IMMINENT INSOLVENCY, IMPAIRED ASSETS, INSOLVENCY FRAMEWORKS, INSOLVENCY PROCEDURE, INSTITUTIONAL FRAMEWORK, INSUFFICIENT FUNDS, INSURED DEPOSITS, INTEREST RATES, JUDGES, JUDICIAL AUTHORITIES, JUDICIAL POWERS, JUDICIARY, JURISDICTIONS, LAST RESORT, LAWS, LEGAL FRAMEWORK, LEGAL FRAMEWORKS, LEGAL PROTECTION, LEGAL REFORM, LEGISLATION, LIABILITY, LIQUIDATION, LIQUIDATION OF ASSETS, LIQUIDATION PROCEDURES, LIQUIDATION STAGE, LIQUIDATIONS, LIQUIDATOR, LOAN, LOAN ASSETS, LOAN LOSS PROVISIONS, MANDATE, MARKET DISCIPLINE, MARKET PARTICIPANTS, MARKET VALUE, MORAL HAZARD, NEW LEGAL FRAMEWORK, NONPERFORMING LOANS, NUMBER OF BANK, NUMBER OF CREDITORS, OFF BALANCE SHEET, OPEN BANK, OPERATIONAL RISKS, ORDINARY BANKRUPTCY, PARTIAL TRANSFERS, PAYMENT OF CLAIMS, PERSONAL LIABILITY, PRESENT VALUE, PRIORITY OF CREDITOR, PRIVILEGED CREDITOR, PROCEDURES FOR INSOLVENCY, PROFITABILITY, PROPERTY RIGHTS, PUBLIC FUNDS, PUBLIC SERVICES, PURCHASE AND ASSUMPTION TRANSACTIONS, RECAPITALIZATION, RECEIVER, RECEIVERSHIP, REGULATORY FORBEARANCE, REGULATORY FRAMEWORK, REGULATORY REPORTS, REHABILITATION PLANS, REORGANIZATION, REORGANIZATION PLANS, REORGANIZATION PROCEEDINGS, SALARIES, SALARY, SALES OF ASSETS, SETTLEMENT, SETTLEMENT SYSTEMS, SETTLEMENTS, SHAREHOLDER RIGHTS, SOLVENT BANKS, STATE BANK, SUBORDINATED DEBT, SUBSIDIARIES, SUBSIDIARY, SUPERVISORY ACTION, SUPERVISORY AUTHORITIES, SUPERVISORY POWERS, SYSTEMIC RISK, TECHNICAL ASSISTANCE, TIER 1 CAPITAL, TRADITIONAL BANKRUPTCY, TRUSTEE, TYPES OF DEBT, VALUE OF ASSETS, VOLUNTARY LIQUIDATIONS, WINDING UP, WRITE OFFS,
Online Access:	http://documents.worldbank.org/curated/en/807961468333885401/The-Polish-Bank-insolvency-regime-issues-and-assumptions-paper-for-the-design-of-an-upgraded-bank-resolution-framework https://hdl.handle.net/10986/26838
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