The Increased Role of Regulator in Bank Governance – Between Banking Regulation and Corporate Law
Pravnik, Ljubljana 2020, Vol. 75 (137), Nos. 1-2
This article examines the increased role of bank regulator in corporate governance of banks in the light of the post-crisis banking legislation. At the outset, the author presents characteristics and specifics of bank regulation and supervision and further analyses provisions of the Slovenian banking legislation, which represent the increase of the role of regulator in governance of banks and assesses them in the light of general corporate law.
This article examines the increased role of bank regulator in corporate governance of banks in the light of the post-crisis banking legislation. At the outset, the author presents characteristics and specifics of bank regulation and supervision and further analyses provisions of the Slovenian banking legislation, which represent the increase of the role of regulator in governance of banks and assesses them in the light of general corporate law. In the second part of the article, he addresses the (non)adequacy of corporate law for systematic regulation of bank governance, while he also discusses the perspective of shareholders and restrictions of their rights by the regulator.
Keywords: bank regulation, bank supervision, corporate governance, regula- tor, shareholders’ rights.