A aplicação dos mecanismos de resolução bancária no direito moçambicano

• Autor(a) principal: Cordeiro, Fátima do Rosário
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/51013
• topic: medidas de resolução bancária; instituições financeiras; bancos; bail in; crise financeira; risco sistémico e proteção dos depositantes; bank resolution measures; financial institution; banks; financial crisis; systemic risk and depositors protection; Direito

The application of bank resolution mechanisms in Mozambican law is the focus of the study chosen for the dissertation on Law and Financial Markets. Analyzing and understanding the issue of resolution measures makes it essential to understand the powers and competences of the resolution entity, in this case, the Bank of Mozambique, with particular relevance to its historical evolution. It is also important to consider its purpose, concept and application, concretely, the practical fulfilment of its role under Mozambican Law, also regarding the Portuguese legal frame. As known, the Portuguese Republic is a member of the European Union and compelled to the guidelines and rules of the European Central Bank, including the Single Banking Resolution Mechanism. Due to the close ties between those country´s, Portugal has a deep impact when it comes to make political options related to the Mozambique´s financial market. Several reasons have to be considered such as, history, common language and, most important, the considerable amount of Portuguese shares capital in Mozambique’s financial market. Considering the importance of one concrete recapitalisation measure – the bail in – it seems important to think over its purpose, impact and the advantages and disadvantages of its application. A closer look to Mozambique’s reality may conclude that the adopted resolution measures have taken into account the current needs, and the international recommendations, with the aim to grant financial system stability and the protection of depositor and taxpayers.