Article Title
Remutualization
Keywords
Mutualization of risk
Abstract
This Article explores how returning to common law or traditional approaches to financial institution governance can inform and improve a range of financial reforms. In particular, this Article seeks to revive the use of organizational form as a tool of financial regulation. Very old varietals, including partnerships and mutual companies, decanted in new bottles can promote financial stability, lower incentives for excessive risk-taking by financial intermediaries, provide mechanisms to police their market conduct, and better align their incentives with the interests of their customers and consumers.
Recommended Citation
Erik F. Gerding, Remutualization, 105 Cornell L. Rev. 797
(2020)
Available at: https://scholarship.law.cornell.edu/clr/vol105/iss3/6