European Banking Authority

News & Analysis as of

Orrick's Financial Industry Week in Review

ECB Publishes Public Consultation - The European Central Bank ("ECB") has published a Public Consultation on a draft Addendum to the ECB Guide on options and discretions available in Union law. ...more

UK Financial Regulatory Developments - May 2016 #15

ESAs publish ECAI opinion - The European Supervisory Authorities (ESAs – EBA, ESMA and EIOPA) have published their opinion on the Commission’s intention to amend the draft Implementing Technical Standards (ITS) on the...more

EU Technical Standards on Minimum Requirement for Own Funds and Eligible Liabilities Adopted by the European Commission

The European Commission adopted Regulatory Technical Standards on criteria relating to the methodology for setting the Minimum Requirement for Own Funds and Eligible Liabilities (MREL). MREL is the European equivalent of US...more

EU Guidelines on Business Reorganization Plans Following a Bail-In

The European Banking Authority published translations of its Guidelines on business reorganization plans following a bail-in. The Bank Recovery and Resolution Directive requires a firm that has been recapitalized through a...more

European securitisation: Making a comeback? After seven years in the doldrums, moves are afoot to revitalise the European...

How likely is a successful revival of the market under qualifying securitisation — simple, transparent and standardized (STS) — going to be? That all depends on the results of the "trilogue" discussions between the European...more

European Banking Authority Decision on Unsolicited Credit Assessments

The European Banking Authority published a Decision permitting the use of unsolicited credit assessments of certain External Credit Assessment Institutions for calculating firm capital requirements. The Decision aims to...more

UK Financial Regulatory Developments - May 2016 #10

EBA seeks views on the use of consumer data - EBA has published a discussion paper on innovative uses of consumer data by financial institutions. It identifies risks and benefits for consumers and financial institutions,...more

UK Financial Regulatory Developments - May 2016 #8

FCA announces insider dealing convictions - FCA has announced two convictions in the case it brought as part of Operation Tabernula. Martyn Dodgson, an investment banker, and Andrew Hind, a property developer and...more

European Banking Authority Consults on LCR Disclosure and Disclosure of Liquidity Risk Management

The European Banking Authority published a consultation paper on draft guidelines on liquidity coverage ratio disclosures, to complement the disclosure requirements of liquidity risk management under the Capital Requirements...more

European Banking Authority Argues for Powers to Update Benchmarking Portfolios for Annual Benchmarking Exercise

The European Banking Authority published an Opinion on the European Commission’s proposed amendments to the EBA's final draft Implementing Technical Standards on benchmarking of internal approaches to regulatory capital. The...more

European Banking Authority contemplates the use of consumer data by financial institutions

In order to better address both the opportunities and risks associated with the innovative use of consumer data by financial institutions, the European Banking Authority (EBA) released a discussion paper last week seeking...more

Orrick's Financial Industry Week in Review

FHFA Increases 2016 Multifamily Lending Caps - On May 4, 2016, the Federal Housing Finance Agency announced that it increased its 2016 multifamily lending caps for Fannie Mae and Freddie Mac from $31 billion to $35...more

EBA Publishes Discussion Paper on Use of Consumer Data by Financial Institutions

On May 4, 2016, the EBA published a discussion paper on innovative uses of consumer data by financial institutions, in line with its mandate to monitor financial innovation. The EBA report notes that although general...more

EBA Amends Historical Look-Back Approach Method for Calculating Additional Collateral Outflows

On May 3, 2016, the European Banking Authority (EBA) issued an opinion to the European Commission supporting the Commission’s proposed amendment to the historical look-back approach (HLBA) methodology used in the draft...more

European Banking Authority Seeks Feedback on Risks and Benefits of Modern Use of Consumer Data by Financial Institutions

The European Banking Authority published a discussion paper on innovative uses of consumer data by financial institutions. The focus of the paper is the risks and benefits to consumers and financial institutions arising from...more

European Banking Authority Revised Technical Standards on Additional Collateral Outflows under the Capital Requirements Regulation

The European Banking Authority published an Opinion on the European Commission's intention not to endorse final draft Regulatory Technical Standards on additional collateral outflows, prepared under the Capital Requirements...more

PF Newsletter: Article 55 of the BRRD

From 1 January 2016, all EEA incorporated banks and credit institutions are required to include a term in any non-EEA law governed contract under which they have liabilities, giving contractual recognition of the bail-in...more

PF Newsletter: LMA Updates - Quarter One 2016

Legal & Regulatory - BRRD: FCA publishes modification by consent for Article 55 rules - Article 55 of the EU Bank Recovery and Resolution Directive 2014/59 (BRRD) requires European Economic Area (EEA) firms and...more

UK Financial Regulatory Developments - April 2016 #26

Commission reports on CMU - The Commission has published a working report on the progress and momentum around the CMU action plan since its launch in September 2015. The first report also sets out 11 key initiatives...more

European Banking Authority Consults on Regulatory Technical Standards for Disclosure of Encumbered and Unencumbered Assets

The European Banking Authority published a consultation paper on draft regulatory technical standards under the Capital Requirements Regulation on the disclosure of encumbered and unencumbered assets. The CRR requires the EBA...more

European Banking Authority Publishes First List of Other Systematically Important Institutions

The European Banking Authority published the first list of Other Systematically Important Institutions in the European Union. O-SIIs are institutions which have been deemed by national regulators to be systematically relevant...more

UK Financial Regulatory Developments - April 2016 #24

FCA discusses advice regulation - Tracey McDermott spoke on the regulation of advice following FCA and Treasury’s Financial Advice Market Review (FAMR). She noted the high level of engagement with the review and looked...more

European Commission Requests European Banking Authority to Assist in its Review of EU Capital Requirements Regulation

Two letters from Olivier Guersent DG FISMA of the European Commission to Andrea Enria, Chairperson of the European Banking Authority, on issues associated with its review of the Capital Requirements Regulation were published....more

EU Guidelines on Disclosure of Confidential Information under the Bank Recovery & Resolution Directive Finalized

The European Banking Authority published a report, including final Guidelines, on how confidential information collected under the EU Bank Recovery and Resolution Directive should be disclosed. The BRRD restricts the...more

UK Financial Regulatory Developments - April 2016 #21

EIOPA consults on infrastructure corporates - EIOPA is consulting on the Commission’s request for technical advice on the identification and calibration of “other infrastructure investment risk” categories. The...more

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