Europe: EU / UK regulatory roundup
A round up of recent regulatory developments in the EU and UK.
Banks require specific resolution arrangements as a result of their interconnectedness with each other, the rest of the financial system, and the real economy. A credible recovery and resolution regime not only impacts depositors, it can also have potential impacts on international debt markets, rating agencies and correspondent banking.
Working with colleagues and correspondent law firms from across Africa, we undertook a review concerning the state of recovery and resolution laws for banks against the FSB Key Attributes*. The key issues we examined include:
We developed ‘State of bank and recovery and resolution laws in Africa’ as part of our NRF Institute to provide a practical overview of the requirements applicable to more than 20 jurisdictions across Africa.
You can use the guide to:
To request access to ‘State of bank recovery and resolution laws in Africa’, please register to join NRF Institute.
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*In response to the 2008 global financial crisis, the Financial Stability Board (FSB) published its ‘Key Attributes for Effective Resolution Regimes For Financial Institutions’. These attributes set out the core elements that the international body considers to be necessary for an effective resolution regime.
On July 16, 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems II case).
On July 7, 2020, the Commission de Surveillance du Secteur Financier (CSSF) issued an FAQ document on Circular 02/77 concerning the protection of investors in case of NAV calculation errors and the correction of the consequences resulting from non-compliance with the investment rules applicable to undertakings for collective investment (the FAQ).