The Banks have been consideded by legislators because of their particular role in the country's macroeconomics and because they provide a unique set of services to the general public.

The insolvency of the banks and its negative effects began with the Great Depression that began in the US in 1929 and then spreaded throughout the world, and the legislators concluded that general rules of company bankruptcy for bankruptcy of the banks - which are commercial company - are not sufficient. Accordingly, in most of the legal systems of the world, it has been attempted to introduce special rules for their bankruptcy in view of the role of banks in the country's economy and the differences they have with other commercial companies. The United States is one of the countries where the bank insolvency rules are completely different from the rules governing corporate bankruptcy. In this country, the legal system that governing on bank insolvency is known as "resolution regime", which is translated as "hall va fasl or gozir" in Iran. The most important goals of this system are to prevent the systematic disorder in the financial system of the country, to continue of key banking services and not to impose bankruptcy consequences on the government and taxpayers.

 In Iranian law, the bankruptcy system of banks is not completely separate from the company bankruptcy system, and if the bank becomes bankrupt, the provisions of the commercial code are general rules and other monetary and banking regulations are specific rules. so, if the specific provisions are silent, the general provisions of commercial code are applied. However, given the importance of banks  for the country, these rules are not sufficient for bankruptcy of banks and should provide, along with other developed countries, a specific system for resolving bankruptcy of banks; A system that (1) the concept of bank insolvency differs from  the concept of insolvency of a business company, and anticipates a solution before the bank actually ceases; (2) The role of the court should be reduced as much as possible, since the bankruptcy proceedings of bank are a specialized and complex matter that neither the creditors can identify when the bank is insolved, nor the court specialized in dealing with it, in addition to the Judicial-based process  is a very long process. (3) the Banks have to submit a statement of their financial position along with a bankruptcy plan. (4) Liquidation shouldn’t be the only solution to face bankruptcy of banks, which is very costly and time consuming and poses a threat to the stability of the financial system.

Keywords: Bank, Bankruptcy, Resolution regime, Court-based system, Administrative-based system, American law, Iranian law.