United Kingdom

Topic: Banking

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Bank of England to review its approach to setting a minimum requirement for own funds and eligible liabilities

On 22 July, the Bank of England published a Consultation Paper (CP) as part of its review of the UK’s framework for the Minimum Requirement for Own Funds and Eligible Liabilities (MREL). The CP is the second stage of the MREL Review and sets out the Bank’s proposed changes to its MREL framework. It follows … Continue Reading

Bank of England publishes an operational guide to executing bail-in

Bail-in is a key stabilisation tool afforded to the Bank of England by the Banking Act 2009, that ensures investors rather than public funds bear the burden of resolving failing banks. This operational guide published on 22 July provides practical information on the ways in which the Bank of England might execute a bail-in resolution, … Continue Reading

Commission Implementing Regulation amending ITS as regards the disclosure of indicators of global systemic importance

On 24 June 2021, there was published in the Official Journal of the EU Commission Implementing Regulation (EU) 2021/1018 of 22 June 2021 amending the implementing technical standards laid down in Implementing Regulation (EU) 2021/7637 as regards the disclosure of indicators of global systemic importance, and repealing Implementing Regulation (EU) No 1030/2014. Article 131 of … Continue Reading

EBA proposes to further harmonise EU law applicable to branches of third country credit institutions

On 23 June 2021, the European Banking Authority (EBA) issued a report on the treatment of incoming third country branches (TCB) under the national law of Member States. The report is based on Article 21b(10) of the Capital Requirements Directive IV which mandates the EBA to submit a report to the European Parliament, the Council … Continue Reading

Commission consults on improving transparency and efficiency in secondary markets for non-performing loans

On 16 June 2021, the European Commission issued a targeted consultation designed to gather evidence on improving transparency and efficiency in secondary markets for non-performing loans (NPLs). The Commission notes that one of the key actions in fostering secondary markets for NPLs is to improve the quantity, quality and comparability of NPL data. Secondary markets … Continue Reading

EBA updates list of risk indicators and analysis tools

On 7 June 2021, the European Banking Authority (EBA) issued an updated list of indicators for risk assessment and risk analysis tools, together with the accompanying methodological guide. This guidance, which describes how risk indicators are computed in EBA publications, allows Member State competent authorities and users of EBA data to interpret key bank figures … Continue Reading

Non-performing loans: deal struck on EU rules for selling NPLs to third parties

On 7 June 2021, the European Parliament (EP) issued a press release stating that EP negotiators and the Council of the EU have agreed on the proposed Directive on credit servicers, credit purchasers and the recovery of collateral. The Directive dates back to 2018, and is intended to help lenders free their balance sheets from … Continue Reading

Basel Committee discusses effects of Covid-19 on banks, assesses post-crisis reforms and agrees public consultation on cryptoassets

On 7 June 2021, the Basel Committee on Banking Supervision (Basel Committee) issued a press release following its meeting on 4 June 2021. During this meeting the Basel Committee took stock of COVID-19 risks to the banking system and discussed policy and supervisory initiatives. In terms of crypto-assets the press release notes that the Basel … Continue Reading

EBA makes recommendations for reducing supervisory reporting costs

On 7 June 2021, the European Banking Authority (EBA) published a report that analyses EEA credit institutions’ experience with the EBA’s supervisory reporting requirements and processes. The EBA is mandated by Article 430(8) of the Capital Requirements Regulation to measure the costs institutions incur when complying with the reporting requirements set out in the EBA’s … Continue Reading

PRA CP10/21 – Implementation of Basel standards: Non-performing loan securitisations

On 3 June 2021, the PRA published Consultation Paper 10/21 ‘Implementation of Basel standards: Non-performing loan securitisations’ (CP10/21). In CP10/21 the PRA sets out proposed rules in respect of the implementation of updated prudential standards agreed by the Basel Committee on Banking Supervision for non-performing loan securitisations. It sets out how the PRA proposes to … Continue Reading

Letter – Ring-fencing and Proprietary Trading Independent Review: 1 June 2021

On 1 June 2021, the Financial Markets Law Committee (FMLC) sent a letter to Keith Skeoch, chair of the independent panel that HM Treasury has appointed to review the operation of legislation relating to ring-fencing and banks’ proprietary trading activities. The letter explains that the FMLC has resolved to establish a working group to consider … Continue Reading

ESMA consults on draft technical standards on the content and format of the STS notification for on-balance sheet securitisations under the amended Securitisation Regulation

On 27 May 2021, the European Securities and Markets Authority (ESMA) issued a consultation paper setting out draft regulatory technical standards (RTS) and implementing technical standards (ITS) specifying the content and the format of the standardised templates for simple, transparent and standardised (STS) notification of on-balance sheet (synthetic) securitisations. The draft RTS and ITS build on … Continue Reading

EBA issues report on the application of the BRRD early intervention framework

On 27 May 2021, the European Banking Authority (EBA) published a report on the application of early intervention measures (EIMs) under the Bank Recovery and Resolution Directive (BRRD). The report presents the results of a survey on the application of EIMs that the EBA conducted among Member State competent authorities in 2019. The report also … Continue Reading

Results of annual PRA firm survey

On 21 May 2021, the PRA published the results of its latest annual firm survey that gives PRA-authorised firms the opportunity to comment on their experience of being supervised by the PRA. The survey gives PRA-authorised firms the opportunity to comment on a number of topics, including: The PRA’s understanding of firms. Firms’ understanding of … Continue Reading

ECB Banking Supervision to supervise securitisation requirements for banks

On 14 May 2021, the European Central Bank announced its decision to start ensuring that the banks it directly supervises comply with the requirements for risk retention, transparency and resecuritisation, which are set out under Articles 6 to 8 of the EU Securitisation Regulation. The decision follows recent amendments to the Regulation which provide that … Continue Reading

EBA report on convergence of supervisory practices in 2020

On 12 May 2021, the European Banking Authority (EBA) published a report on convergence of supervisory practices in 2020. In the context of the supervisory review and evaluation process (SREP), the EBA is mandated to annually report to the European Parliament and the Council on the degree of convergence of the application of the supervisory … Continue Reading

PRA speech – Mutual interests

On 5 May 2021, the PRA published a speech by Sam Woods (Deputy Governor for Prudential Regulation and CEO PRA) at the Building Societies Annual Conference entitled Mutual interests. Mr Woods starts by explaining that following the implementation of the bulk of the 2008 post-crisis regulatory reforms the UK banking system was much better prepared … Continue Reading

EBA Discussion Paper – Review of the NPL transaction data templates

On 4 May 2021, the European Banking Authority (EBA) published a Discussion Paper intended to facilitate the review of the standardised non-performing loan (NPL) data templates. The EBA developed standardised NPL data templates in 2017 to help facilitate financial due diligence and the valuation of NPL transactions. These templates aimed to reduce information asymmetries and … Continue Reading

EBA report – mystery shopping activities of national authorities

On 3 May 2021, the European Banking Authority (EBA) published a report on the mystery shopping activities of Member State competent authorities (NCAs). The EBA collated mystery shopping activities by NCAs with a view to share experiences, learn lessons and identify good practices for the benefit of the EBA and NCAs that use or intend … Continue Reading

PRA Dear Chief Risk Officer Letter – thematic findings of internal audit review collections

On 30 April 2021, the PRA published a letter it had sent to all Chief Risk Officers of PRA-regulated UK deposit takers. The letter provides a summary of the PRA’s findings following a review that asked the Internal Audit (IA) function of a sample of non-systemic banks and building societies to undertake a review of … Continue Reading