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Misselling in Self-placement and Bank Resolution under BRRD2

Author

Listed:
  • Malvagna Ugo

    (Assistant Professor (tenure track) in Banking Law, Università di Trento.Italy)

  • Sciarrone Alibrandi Antonella

    (Full Professor in Banking Law, Università Cattolica del Sacro Cuore, Milano.Italy)

Abstract

1. Bank crises and the treatment of retail investors in the BRRD era. – 2. The problem of misselling in the context of self-placement of securities issued by banks. – 3. The (loose) interplay between investor protection and bank resolution in the current regulatory environment. – 4. The Single Resolution Board’s policy on the treatment of retail clients’ holdings for the purpose of MREL eligibility. – 5. Art. 44 a BRRD 2 on the «selling of subordinated eligible liabilities to retail clients». – 6. The need for a more effective integration between investor protection and bank resolution discipline: from an ex-post to an ex-ante approach. The role of product governance under MiFID 2. – 7. Concluding remarks.

Suggested Citation

  • Malvagna Ugo & Sciarrone Alibrandi Antonella, 2020. "Misselling in Self-placement and Bank Resolution under BRRD2," European Company and Financial Law Review, De Gruyter, vol. 17(5), pages 522-557, October.
    • Handle: RePEc:bpj:eucflr:v:17:y:2020:i:5:p:522-557:n:4
    DOI: 10.1515/ecfr-2020-0023
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