YANAGA MASAO
   Department   Professional Graduate School  , Graduate School of Professional Accountancy
   Position   Professor
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.