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Przymusowe przejecie banku

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Gonet W.

Przegląd Prawa Publicznego

2012

issue 3

27-37

The article concerns law aspects of obligatory takeover of the bank that faces the threat of bankruptcy. It has been proven the existing procedures in that field, that are based on the decision of Polish Financial Supervision Authority, are not comprehensive and satisfactory. Furthermore the complex and long-lasting procedure may be finished unsuccessfully, as the banks may not be granted the required concentration permission from the president of the Office of Competition and Consumer Protection. Regulations concerning obligatory takeover of the bank do not include unequivocal definitions that allow the bank (that takes over the bank under the threat of bankruptcy) to start due-diligence, in particular concerning the information that are protected under the bank secrecy. This bank is exposed to higher risk, therefore article 147 of Bank Law may have limited utilization. In the text the postulates have been formulated concerning the change within regulations in the area of obligatory takeover of the bank, through the increase of importance of the Polish Financial Supervision Authority in the whole process, that would allow the potential bank/s to proceed due-diligence of the bank to be taken over and indicate solutions to be implemented, when more than one bank expresses interest in the takeover. This last area is not the subject of any regulation.

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1 Przegląd Prawa Publicznego

1 2012

1 Gonet W.

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Przymusowe przejecie banku