YANAGA MASAO
Department Professional Graduate School , Graduate School of Professional Accountancy Position Professor |
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Research Period | 2012/04~2015/03 |
Research Topic | Bank supervisors' civil liability for negligent banking supervision |
Research Type | KAKENHI Research |
Consignor | Japan Society for the Promotion of Science |
Research Program Type | Grant-in-Aid for Challenging Exploratory Research |
KAKENHI Grant No. | 24653019 |
Representative Person | YANAGA Masao |
Details | Limiting bank supervisors’ liability is becoming popular in the EU. This trend is also confirmed by the regimes in force outside the EU both in some emerging countries and in the common law ones. The arguments in favour of limitation of supervisor’s liability are as follows: (i) the threat of liability can inhibit supervisors from freely exercising their discretionary powers and supervisory authorities should enjoy the necessary margin of manoeuvre for the effective performance of their statutory duties; (ii) the deeper pockets argument; and (iii) floodgates argument. |