Compensating Victims of Bankrupted Financial Institutions: A Law and Economic Analysis
Journal of Financial Regulation and Compliance, Vol. 19, No. 2, pp. 156-173, 2011
32 Pages Posted: 5 Dec 2011
Date Written: December 5, 2011
The purpose of this paper is to understand the incentive effects of existing compensation mechanisms in case of the bankruptcy of a financial institution. The paper uses insights of law and economics to predict the effects of compensation mechanisms on the incentives of depositors, financial institutions, financial regulators and the government. The paper shows that the current compensation system in the Netherlands will not provide sufficient incentives for all stakeholders to prevent the failure of a financial institution. Adjustments to this system are necessary to improve these incentives.
Keywords: torts, compensation, law and economics, deposit guarantee system, liquidation
JEL Classification: G21, G33, K22
Suggested Citation: Suggested Citation