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By Richard P. Roulier

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Extra info for Bank Governance Contracts: Establishing Goals and Accountability in Bank Restructuring (World Bank Discussion Papers ; 308)

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Article III Regulatory Relief (The paragraphs in this Article detail the regulatory relief or the recapitalization which will be provided by specific parties to the contract. The concessions made in these paragraphs are essentially the "consideration" that the Bank receives for entering into this binding contract. All concessions should be aimed NOT at providing the Bank with new resources (for example to make new loans) but rather towards stabilizing its financial position and minimizing the ultimate loss which will be incurred by the State as guarantor of deposits or as guardian of the safety and soundness of the financial system.

The consequent improvements in these banks should improve the efficient allocation of scarce financial resources and contribute to economic development. Page 1 Introduction In numerous countries, World Bank financial sector projects confirm that: · the major obstacle to restructuring state-owned banks is political will, · banks do not function effectively without governance, and · building efficient market-oriented institutions is a long-term process. This paper introduces governance "contracts".

In light of XXX's failure to comply (a) with the Banking Law and related prudential regulations and (b) with safe and sound banking practices, the Parties have designed a program granting temporary regulatory relief and committing the XXX, its management and Directors to a time-bound program of rehabilitation. The purpose of this Agreement is to set forth the conditions under which the Central Bank will allow the XXX to continue operations in a way which will not further jeopardize the integrity of the financial sys- Page 10 tem in ___ and which will transform XXX into a financially healthy and well-managed financial institution.

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