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Netting, financial contracts, and banks: the economic implications
Derivatives and certain other off-balance sheet contracts enjoy special legal protection on insolvent counterparties through a process referred to as 'close-out netting.' This paper explores the legal status and economic implications of this protection. While this protection benefits major derivatives dealers and derivatives markets, it is less clear that other market participants or markets in general are better or worse off. While we are not able to conclude whether or not these protections are socially optimal, we outline the wide range of issues that a general consideration of the pros ...
A bank by any other name ...
?Banks? are regulated by the government. However, because the generic term bank applies to a number of different types of financial institutions that provide different services, different types of regulation are required. This issue has attracted much attention in recent years as nonfinancial firms?including Wal-Mart?attempted to obtain a ?bank.? This article traces changes in the definition of the term commercial bank for the purposes of regulation and discusses the implications for one type of ?bank?: industrial loan companies.
Assessing a decade of interstate bank branching
U.S. banking regulation has historically prohibited the ability of a bank to open or own a branch located outside of its home state, commonly referred to as interstate branching. Only since the passage of the Riegle-Neal Interstate Banking and Branching Efficiency Act (IBBEA) in 1994 have banks have been able to engage in interstate branching, though subject to state restrictions. Despite IBBEA?s removal of branching barriers, it still allowed the states to impose restrictions on the entry of out-of-state branch offices. This article describes the changes in Federal and state interstate ...