Germany

Basel Committee announces deferral of Basel III implementation

On 27 March 2020, the Basel Committee on Banking Supervision (Basel Committee) announced the following changes to its implementation timeline of the outstanding Basel III standards: implementation date of the Basel III standards finalised in December 2017 has been deferred by one year to 1 January 2023. The accompanying transitional arrangements for the output floor … Continue Reading

Short selling update

By Hannah McAslan (UK) on March 30, 2020 Posted in France, Germany, Italy, Securities, Securities, Securities, Securities/Capital markets, The Netherlands, United Kingdom

As market volatility has increased in the wake of the Covid-19 outbreak, several competent authorities have imposed bans on short sales in certain shares. Approach taken by the FCA To date, the FCA has introduced only temporary prohibitions on short selling in certain listed instruments, on the 13 and 17 March 2020, as set out … Continue Reading

Are you prepared for the new EU prudential regime impacting investment firms?

By Jochen Vester (UK) on March 27, 2020 Posted in France, Germany, Regulation and Compliance, Regulation and compliance, Regulation and compliance, The Netherlands, United Kingdom

Read Jochen Vester’s analysis which features in the latest issue of Citibank’s ‘Global Fiduciary and Trustee Services news and views’. To help our financial services clients navigate the implications of the new prudential regime, we have created an IFR transition hub on the NRF Institute. The hub includes our latest views and analysis on regulatory … Continue Reading

ESMA and FCA revise supervisory approach to SFTR reporting obligations

By Jochen Vester (UK) and Hannah McAslan (UK) on March 27, 2020 Posted in Coronavirus, Coronavirus, Coronavirus, Coronavirus, France, Germany, Italy, The Netherlands, United Kingdom

On 26 March 2020, the European Securities and Markets Authority (ESMA) issued a revised version of its earlier statement on coordinated supervisory actions on the application of the Securities Finance Transactions Regulation (SFTR). The revised statement clarifies that SFTs concluded between 13 April 2020 and 13 July 2020 and SFTs subject to backloading under the … Continue Reading

ESMA guidance on accounting implications of COVID-19

By Iona Wright (UK) on March 26, 2020 Posted in Coronavirus, Coronavirus, Coronavirus, Coronavirus, France, Germany, Italy, The Netherlands, United Kingdom

On 25 March 2020, the European Securities and Markets Authority (ESMA) issued a public statement designed to promote consistent application of International Financial Reporting Standards (IFRS) in the EU and avoid divergence in practice on the application of IFRS 9 Financial Instruments in the specific context of the COVID-19 pandemic. The statement addresses in particular … Continue Reading

EBA provides clarity to banks and consumers on the application of the prudential framework in light of COVID-19 measures

By Jochen Vester (UK) and Jonathan Herbst (UK) on March 26, 2020 Posted in Coronavirus, Coronavirus, Coronavirus, Coronavirus, France, Germany, Italy, The Netherlands, United Kingdom

On 25 March 2020, the European Banking Authority (EBA) issued the following statements related to the COVID-19 pandemic: Statement on the application of the prudential framework regarding default, forbearance and IFRS9 in light of COVID-19 measures. The EBA is supportive of the measures taken and proposed by Member State national governments and EU bodies to … Continue Reading

Coronavirus/COVID-19: German regulator on conduct of business rules

By Nadine Gerstenkorn on March 24, 2020 Posted in Banking, Coronavirus, Financial Institutions, Germany, Insurance, Regulation and Compliance

After the European Securities and Markets Authority (ESMA) had issued a public statement regarding the application of MiFID II requirements on the recording of telephone conversations on 20 March 2020 (see the related publication in our blog), the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) published additional guidance to market participants on the same … Continue Reading

IOSCO report on global stablecoin initiatives

By Albert Weatherill (UK) and Matthew Gregory (UK) on March 24, 2020 Posted in Fintech, Fintech, Fintech, Fintech, France, Germany, Italy, The Netherlands, United Kingdom

On 23 March 2020, the International Organization of Securities Commissions (IOSCO) published a report identifying the possible implications of global stablecoin initiatives for securities markets regulators. The report, Global Stablecoin Initiatives, examines the regulatory issues arising from the use of global stablecoins and explores how existing IOSCO Principles and Standards could apply to these arrangements. … Continue Reading

Basel Committee statement on policy and supervisory response

By Simon Lovegrove (UK) on March 24, 2020 Posted in Coronavirus, Coronavirus, Coronavirus, Coronavirus, France, Germany, Italy, The Netherlands, United Kingdom

On 20 March 2020, the Basel Committee on Banking Supervision (Basel Committee) reported that it had held a conference call with its members to discuss the impact of the COVID-19 pandemic on the global banking system. The Basel Committee reports that following the strengthening of the Basel III standards the global banking system has significantly … Continue Reading

ESMA extends closing dates for open consultations by four weeks

By Anna Carrier (BE) on March 24, 2020 Posted in France, Germany, Italy, Regulation and Compliance, Regulation and compliance, Regulation and compliance, Regulation and compliance, The Netherlands, United Kingdom

On 20 March 2020, the European Securities and Markets Authority (ESMA) announced that it was extending the response date for a number of ongoing consultations with a closing date on, or after, 16 March 2020 by four weeks. The consultations include those on the MiFIR report in systematic internalisers and draft technical standards under the … Continue Reading

German regulator publishes governance guidelines for small insurers

By Andreas Börner (DE), Eva-Maria Barbosa (DE) and Corinna Baltzer (DE) on March 24, 2020 Posted in Financial Institutions, Germany, Insurance

Before the impact of Coronavirus/COVID-19 materialized and lead to a shut down of much of the public life in Germany, on 6 March 2020, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin) published its Circular 01/2020 (VA) on Minimum Requirements under Supervisory Law on the System of Governance of small Insurance Undertakings (Circular). … Continue Reading

EIOPA issues recommendations on flexibility for supervisory reporting and public disclosure deadlines

By Laura Hodgson (UK) on March 24, 2020 Posted in Coronavirus, Germany, Insurance, Italy, The Netherlands, United Kingdom

On 23 March 2020, the European Insurance and Occupational Pensions Authority (EIOPA) published recommendations to European National Competent Authorities that aim to offer operational relief and support business continuity to insurance and reinsurance undertakings by extending deadlines for supervisory reporting and public disclosure during the Covid-19 outbreak. EIOPA states that “undertakings need to concentrate their … Continue Reading

Coronavirus/COVID-19: German regulator grants temporary relief for supervised entities (update)

By Nadine Gerstenkorn and Michael Born (DE) on March 23, 2020 Posted in Banking, Coronavirus, Financial Institutions, Germany, Insurance, Regulation and Compliance

After having taken initial steps to deal with the impact of the COVID-19 pandemic on the financial sector in Germany (see the related publication in our blog), the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) has taken further relief measures. In order to give supervised entities a better overview of these measures, … Continue Reading

ECB gives banks more flexibility to help fund households and corporations

By Jonathan Herbst (UK) and Imogen Garner (UK) on March 23, 2020 Posted in Coronavirus, Coronavirus, Coronavirus, Coronavirus, France, Germany, Italy, The Netherlands, United Kingdom

On 20 March 2020, the European Central Bank (ECB) announced further measures to ensure that directly supervised banks can weather the coronavirus related economic shock. The ECB has introduced supervisory flexibility regarding the treatment of non-performing loans (NPLs), in particular to allow banks to fully benefit from guarantees and moratoriums put in place by public … Continue Reading

ESMA delays application of MiFIR tick size regime to systematic internalisers

By Anna Carrier (BE) on March 23, 2020 Posted in Coronavirus, Coronavirus, Coronavirus, Coronavirus, France, Germany, Italy, The Netherlands, United Kingdom

On Friday, 20 March 2020, the European Securities and Markets Authority (ESMA) published a Public Statement to ensure coordinated supervisory actions by national competent authorities on the application of the new tick size regime for systematic internalisers (SIs) under Regulation (EU) 600/2014 on markets in financial instruments (MiFIR), as amended by Regulation (EU) 2019/2033 on the … Continue Reading

FSB coordinates financial sector work to buttress the economy in response to COVID-19

By Simon Lovegrove (UK) on March 23, 2020 Posted in Coronavirus, Coronavirus, Coronavirus, Coronavirus, France, Germany, Italy, The Netherlands, United Kingdom

On 20 March 2020, the Financial Stability Board (FSB) issued a press release stating that it is actively cooperating with its members to maintain financial stability during market stress related to the COVID-19 pandemic. The FSB explains that the global financial system is today in a better position to withstand shocks as a result of … Continue Reading

Commission to enhance AML and CTF framework in to-be-published Action Plan

By Flupke van den Bogart on March 20, 2020 Posted in Anti-Money Laundering, France, Germany, Italy, Money laundering, Money laundering, Money laundering, The Netherlands, United Kingdom

The European Commission intends to propose a number of far-reaching measures in order to increase the EU’s efforts to combat money laundering and terrorist financing. After the deadline for Member States to transpose the Fifth Anti-Money Laundering Directive (5MLD)) into national law on 10 January 2020, the Commission is due to publish a new Action … Continue Reading

ESMA issues positive opinions on bans on net short positions by Belgian FSMA and Greek HCMC

By Jonathan Herbst (UK) on March 20, 2020 Posted in France, Germany, Italy, Securities, Securities, Securities, Securities/Capital markets, The Netherlands, United Kingdom

On 19 March 2020, the European Securities and Markets Authority (ESMA) issued official opinions agreeing to emergency net short positions prohibitions by the Financial Securities and Markets Authority (FSMA) of Belgium and the Hellenic Capital Market Commission (HCMC) of Greece.… Continue Reading

ESMA clarifies call taping under MiFID II

By Jonathan Herbst (UK) on March 20, 2020 Posted in France, Germany, Italy, Regulation and Compliance, Regulation and compliance, Regulation and compliance, Regulation and compliance, The Netherlands, United Kingdom

On 20 March 2020, the European Securities and Markets Authority (ESMA) issued a public statement aimed at clarifying issues regarding the application by firms of the MiFID II requirements on the recording of telephone conversations. In the public statement ESMA: reminds firms that it has issued numerous Q&As to assist firms in the application of … Continue Reading

ESMA delays SFTR phase 1 reporting and trade repository registration obligations

By Hannah Meakin (UK) and Hannah McAslan (UK) on March 20, 2020 Posted in Clearing and Settlement, Clearing and settlement, Clearing and settlement, Clearing and settlement, France, Germany, Italy, The Netherlands, United Kingdom

On 19 March 2020, the European Securities and Markets Authority (ESMA) issued a public statement regarding the postponement of the reporting obligations related to securities financing transactions (SFTs) under both the Securities Financing Transactions Regulation (SFTR) and the Markets in Financial Instruments Regulation (MiFIR). ESMA understands that the SFT reporting implementation is now heavily impacted … Continue Reading

European Commission publishes roadmap for European Benchmarks Regulation review

By Anna Carrier (BE) on March 20, 2020 Posted in Benchmarks, France, Germany, Italy, The Netherlands, United Kingdom

On 18 March 2020 the European Commission published a roadmap for the review of Regulation (EU) 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds (“European Benchmark Regulation” or BMR). The roadmap – formal title being “inception impact assessment” – sets out the Commission’s … Continue Reading

ICMA and ISLA ask ESMA to delay SFTR reporting go-live date

By Hannah Meakin (UK) and Hannah McAslan (UK) on March 19, 2020 Posted in Banking, Banking, Banking, Banking, France, Germany, Italy, Securities, Securities, Securities, The Netherlands, United Kingdom

On 18 March 2020, the International Capital Markets Association (ICMA) and the International Securities Lending Association (ISLA) published a letter sent to the European Securities and Markets Authority (ESMA) asking for a delay to the upcoming application of reporting obligations under the Securities Financing Transactions Regulation ((EU) 2015/2365) (SFTR). Under Article 4 of the SFTR, … Continue Reading

ESMA delays SFTR reporting requirement

By Anna Carrier (BE) on March 19, 2020 Posted in Banking, France, Germany, Italy, The Netherlands, United Kingdom

On Thursday, 19 March 2020, the European Securities and Markets Authority (ESMA) published a Public Statement setting out its approach to the reporting obligation under Regulation (EU) 2015/2365 on transparency of securities financing transactions and of reuse (“Securities Financing Transaction Regulation” or SFTR). Noting significant impact caused by the COVID-19 outbreak on the EU financial … Continue Reading

EIOPA issues a statement on actions to mitigate the impact of Covid-19 on the EU insurance sector

By Laura Hodgson (UK) on March 19, 2020 Posted in Germany, Insurance, Italy, The Netherlands, United Kingdom

On 17 March 2020, the European Insurance and Occupational Pensions Authority (EIOPA) issued a statement on actions to mitigate the impact of Covid-19 on the insurance sector in the EU. EIOPA states that insurers will face “progressively difficult conditions in the immediate future, both in terms of navigating challenging market conditions and in maintaining operations, … Continue Reading