Abstract

The paper analyses the legal provisions in place in the UK and forthcoming in the US and the EU related to restructuring and resolution plans. These are plans that banks should have already in place in case of a crisis and are commonly known as living wills. The paper thoroughly describes the main shortcomings of living wills in re to: 1) enforcement; 2) shareholders' rights; 3) ex ante definition of applicable law in case of cross border groups; 4) managers' and supervisors' accountability; 5) uniformity of accounting standards; 6) provision of ancillary services from third companies.