La gestione delle crisi bancarie nel Regno Unito dopo la Brexit

Brexit has the potential for huge damage to ‘The City’ with banks already moving significant segments of operations abroad. However, the city is a global centre and is very resilient and the effects of Brexit may cause innovation to occur that creates new opportunities for London - though as yet, it is unclear what these may be. This article examines the current architecture of bank insolvency in light of the European regulatory developments, and considers the implications of Brexit in dealing with failing banks. The aim is to demonstrate that Brexit can determine the risk of deregulation for restructuring troubled banks: this complicates meaningful cross-border recognition when it comes to resolution or consolidated supervision. The article argues that in the short term the UK regime will apply the domestic legislation for bank insolvency. However over time, divergences may appear and in fact new rules may occur to exploit new markets. The argu-ments presented suggest that ‘hard’ or ‘soft’ Brexit will harm the UK but create opportunities elsewhere. Whether the UK can regain its dominance or will squander in the banking sector it re-mains to be seen.