News & Analysis as of

Bank Recovery and Resolution Directive (BRRD) Financial Institutions

A&O Shearman

European Banking Authority Sets 2025 Priorities for Resolution Authorities and Reports on the Progress Achieved in 2023

A&O Shearman on

The European Banking Authority published its 2025 European Resolution Examination Programme report. The report sets three priorities for resolution authorities and banks for 2025 and looks at the progress achieved in 2023,...more

A&O Shearman

European Banking Authority Amends Implementing Technical Standards Specifying the Data Collection for the 2025 Benchmarking...

A&O Shearman on

The European Banking Authority has published its final draft Implementing Technical Standards amending the Implementing Regulation on the benchmarking of credit risk, market risk, and IFRS9 models for the 2025 exercise....more

A&O Shearman

European Banking Authority Updates on Own Funds and Eligible Liabilities Instruments

A&O Shearman on

The European Banking Authority has published an updated report on the monitoring of Additional Tier 1, Tier 2 and total loss absorbing capacity as well as the minimum requirement for own funds and eligible liabilities...more

Cadwalader, Wickersham & Taft LLP

The European Banking Authority’s Guidelines on Resolvability

The European Banking Authority (“EBA”) has published its final report on amendments to its guidelines on improving resolvability under the Bank Recovery and Resolution Directive (2014/59/EU) (BRRD)....more

Hogan Lovells

Beware the Ides of March – practical considerations if your bank is failing

Hogan Lovells on

Everybody knows that, logically, banks can fail. Few expect them to. Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on 10 March 2023, and the Federal Deposit Insurance Corporation (FDIC) appointed as...more

A&O Shearman

Implementation of the BRRD II in Italy: key points to note

A&O Shearman on

On 1 December 2021, Legislative Decree No. 193 of 8 November 2021 (the Decree) implementing Directive 2019/879/EU (the BRRD II) into domestic law entered into force. Below is a short summary of some key issues to consider....more

Hogan Lovells

Banking and finance regulatory news, August 2021 #2

Hogan Lovells on

BCBS rules on NPL securitisations: PRA CP10/21 extended closing date The Prudential Regulation Authority (PRA) has announced that it has extended the closing date, from 26 July 2021 to 9 August 2021, for responses to its June...more

Hogan Lovells

Banking and finance regulatory news, July 2021 #3

Hogan Lovells on

UK CRR: Draft Capital Requirements Regulation (Amendment) Regulations 2021 A draft version of the Capital Requirements Regulation (Amendment) Regulations 2021 has been published, together with a draft explanatory memorandum....more

Hogan Lovells

Banking and finance regulatory news, June 2021 #2

Hogan Lovells on

Draft Bank of England Act 1998 (Macro-prudential Measures) (Amendment) Order 2021 published A draft version of the Bank of England Act 1998 (Macro-prudential Measures) (Amendment) Order 2021 has been published, together with...more

Hogan Lovells

Banking and finance regulatory news, July 2020

Hogan Lovells on

Recent regulatory development focussing on banking and finance. Includes updates relating to COVID-19 regulatory response, CRR, and more....more

A&O Shearman

European Banking Authority Report on Links Between Bank Recovery and Resolution Planning

A&O Shearman on

The European Banking Authority has published a report on the links between recovery and resolution planning for EU credit institutions and investment firms subject to the EU Bank Recovery and Resolution Directive....more

Hogan Lovells

Banking and finance regulatory news, March 2020

Hogan Lovells on

Recent regulatory developments of interest to financial institutions. CRR: PRA PS5/20 on pre-issuance notification requirements - Following its earlier consultation paper, CP20/19, the Prudential Regulation Authority...more

A&O Shearman

Revisions to EU Bank Recovery and Resolution Directive Finalized

A&O Shearman on

A new Directive amending the EU's Bank Recovery and Resolution Directive, widely referred to as "BRRD2", has been published in the Official Journal of the European Union....more

Sullivan & Worcester

Bail-In Clauses in Loan Facilities in a No Deal Scenario

Sullivan & Worcester on

Article 55 of the Bank Recovery and Resolution Directive (BRRD) (2014/59/EU) requires Member States to ensure that a bail-in clause is included in agreements containing liabilities of a regulated Member State financial...more

Orrick - Finance 20/20

ECON Draft Reports on Proposed BRRD II Directive and SRM II Regulation

Orrick - Finance 20/20 on

On September 29, 2017, the European Parliament’s Economic and Monetary Affairs Committee (“ECON“) published two draft reports relating to the European Commission’s proposed revisions to the Bank Recovery and Resolution...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Rating Agency Developments - On November 2, 2016, DBRS published a report entitled Unified Interest Rate Model for European Securitisations...more

Orrick - Finance 20/20

ESMA Reminds Firms of their Responsibilities when Selling Bail-In Securities

On June 2, 2016, ESMA issued a statement (ESMA/2016/902) reminding banks and investment firms of their responsibility to act in their clients’ best interests when selling bail-in-able financial instruments. The statement...more

Latham & Watkins LLP

PF Newsletter: Article 55 of the BRRD

Latham & Watkins LLP on

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

Blake, Cassels & Graydon LLP

EU Bail-In Rules: How Do They Impact Canadian Borrowers?

As of January 1, 2016, financial institutions from the European Economic Area (EEA) — which includes member states of the European Union, Iceland, Liechtenstein and Norway — are subject to new requirements under Article 55 of...more

Cadwalader, Wickersham & Taft LLP

Contractual Recognition of Bail-In – Are You Ready?

The aim of the EU Bank Recovery and Resolution Directive (the “BRRD”) is to establish a framework for the recovery and resolution of EU credit institutions and significant investment firms and to equip EU national authorities...more

Orrick - Finance 20/20

EBA Updates Single Rulebook Q&As

Orrick - Finance 20/20 on

On October 16, 2015, the European Banking Authority (EBA) updated its Q&As on the single rulebook, publishing four new questions. The single rulebook Q&As relate to the CRD IV package of reforms, namely the CRD IV Directive...more

Morrison & Foerster LLP

Valuing Derivatives in a Bank Bail-In

Under the EU’s Bank Recovery and Resolution Directive (“BRRD”), one of the key powers given to national resolution authorities is the ability to impose losses on, or “bail-in”, certain financial liabilities of the failing...more

Orrick - Finance 20/20

EBA Issues Guidelines and Standards Under BRRD

Orrick - Finance 20/20 on

Over the last week the EBA has published final draft regulatory technical standards (RTS), implementing standards (ITS) and guidelines on a number of Articles of the Bank Recovery and Resolution Directive (2014/59/EU) (BRRD)....more

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