Banking and finance regulatory news, October 2020 # 3 | Hogan Lovells

Latest regulatory developments focussing on banking and finance. Contains updates referring to Brexit, CRR, HM Treasury name for proof on entry to money and PRA Pricey CEO letter on zero or damaging BoE Financial institution Charge.

Contents

• CRD V: Draft Monetary Holding Firms (Approval and so on) and Capital Necessities (Capital Buffers and Macro-prudential Measures) (Modification) (EU Exit) Rules 2020
• BRRD II: Draft Financial institution Restoration and Decision (Modification) (EU Exit) Rules 2020
• Entry to money: HM Treasury launches name for proof
• Brexit: FCA views on closures of EU-resident clients’ UK financial institution accounts
• Zero or damaging BoE Financial institution Charge: PRA Pricey CEO letter on banks’ operational readiness
• CRR: PRA PS22/20 on remedy of mannequin limitations in banks’ inner fashions for counterparty credit score danger
• CRR: PRA CP16/20 on strategy to abroad IRB fashions for credit score danger
• CRR: PRA slides on IRB fashions for residential mortgage exposures
• CRR: Corrigendum to Regulation amending CRR on statutory prudential backstop for NPLs
• CRR: EBA last draft RTS on prudential remedy of software program belongings
• Local weather-related monetary danger initiatives: BCBS speech

CRD V: Draft Monetary Holding Firms (Approval and so on) and Capital Necessities (Capital Buffers and Macro-prudential Measures) (Modification) (EU Exit) Rules 2020

HM Treasury has revealed a draft model of the Monetary Holding Firms (Approval and so on) and Capital Necessities (Capital Buffers and Macro-prudential Measures) (Modification) (EU Exit) Rules 2020, along with an explanatory memorandum.

The draft Rules implement, partly, the CRD V Directive within the UK and handle deficiencies in retained EU legislation arising from the withdrawal of the UK from the EU. They’re made below paragraph 1(1) of Schedule 7 to, the European Union (Withdrawal) Act 2018 (EUWA). The UK is required to transpose the CRD V Directive by 28 December 2020.

The Rules will largely come into pressure on 29 December 2020.

Individually, HM Treasury has revealed its response to its session on updating the UK’s prudential regime earlier than the tip of the Brexit transition interval.

BRRD II: Draft Financial institution Restoration and Decision (Modification) (EU Exit) Rules 2020

HM Treasury has revealed a draft model of the Financial institution Restoration and Decision (Modification) (EU Exit) Rules 2020, along with a draft explanatory memorandum. The Rules transpose the Financial institution Restoration and Decision Directive (BRRD) II. In addition they appropriate deficiencies arising in retained EU legislation to make sure the UK maintains a totally functioning regulatory and authorized framework following the tip of the transition interval. The Rules are made below part eight(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (EUWA).

Components 1 to three and Chapter three of Half four come into pressure on 28 December 2020. Half four (aside from Chapter three) comes into pressure on IP completion day. Half 5 comes into pressure on 28 December 2020, however ceases to have impact on IP completion day.

HM Treasury has additionally revealed the response to its June 2020 session on the transposition of the Financial institution Restoration and Decision Directive (BRRD) II. It explains the federal government’s strategy, together with that within the draft statutory instrument.

The federal government intends to transpose the brand new Article 44a of BRRD II, utilizing FCA guidelines, and the brand new Article 71a, by together with the brand new pre-resolution moratorium energy throughout the definition of “disaster administration measure” within the Banking Act 2009, which suggests no modifications of substance are required to the UK Prudential Regulation Authority’s (PRA) keep guidelines.

The federal government doesn’t intend to implement the BRRD II necessities that don’t should be complied with by corporations till after the tip of the transition interval, specifically Article 1(17) which revises the framework for minimal requirement for personal funds and eligible liabilities (MREL).

The federal government intends to incorporate sundown clauses in its secondary laws transposing BRRD II for the next provisions, which is able to stop to have impact within the UK from 1 January 2021:

• article 1(6), which issues the utmost distributable quantity referring to the MREL (M-MDA);
• article 1(12), which inserts a brand new Article 33a within the BRRD to introduce a pre-resolution moratorium energy;
• article 1(20), which introduces Article 48(7) of BRRD, making modifications to precedence of money owed in insolvency;
• article 1(21), which updates Article 55 of BRRD on the contractual recognition of bail-in (CROB). The prevailing PRA CROB guidelines might be revoked from 28 December 2020 for the rest of the transition interval and new PRA CROB guidelines can have impact from 1 January 2021. The PRA will conduct a public session on modifications to its CROB guidelines; and
• article 1(30), which amends the prevailing in-resolution moratorium energy below Article 69 of BRRD.

The federal government additionally intends to revoke any regulatory and implementing technical requirements referring to provisions not carried out or not appropriate for the UK which are developed and adopted at EU degree by the tip of the transition interval.

Entry to money: HM Treasury launches name for proof

HM Treasury has revealed a name for proof on entry to money. The decision for proof units out the federal government’s legislative goals for shielding entry to money and seeks views on key issues for the way forward for the UK’s money system. It seeks views on:

• how the federal government can make sure the UK maintains an acceptable community of money withdrawal and deposit-taking services over time by way of laws, together with the potential position of cashback;
• the components affecting money acceptance; and
• whether or not the federal government ought to give a single regulator total statutory duty for sustaining entry to money.

The Name for Proof closes on 25 November 2020.

Brexit: FCA views on closures of EU-resident clients’ UK financial institution accounts

The Home of Commons Treasury Committee has revealed a letter from Nikhil Rathi, FCA Chief Govt, to Mel Stride, Committee Chair, in response to an earlier letter from the Committee asking the FCA about EEA buyer notifications from banks that their accounts might be closed after the tip of the Brexit transition interval.

Mr Rathi makes the next factors:

• within the absence of any pan-European equivalents to the UK’s short-term permissions regime (TPR) and monetary companies contracts regime (FSCR) schemes, the extent to which UK banks can service EEA-based clients is a matter of native legislation and regulation in addition to the selections corporations take within the gentle of their particular enterprise fashions and constructions;
• the place banks inform clients that their present accounts might be closed, contractual provisions between the agency and the shopper govern the discover intervals they should give. These fluctuate by agency and by banking product. For instance, below the UK Fee Providers Rules 2017, banks should present a minimal discover interval of two months when closing in-credit present accounts. The FCA’s guidelines and steerage set out different necessities for banks to supply clear and well timed info to clients when closing different varieties of account (see BCOBS four.1.1). At the least, the FCA expects corporations’ actions to be in line with clients’ contractual rights;
• according to their obligation to deal with clients pretty, corporations should be capable to present they’ve thought-about how their plans for the tip of the transition interval might have an effect on their clients, allowing for that completely different classes of buyer could be affected in several methods. This contains figuring out whether or not closing accounts would trigger any particular person clients or courses of buyer undue monetary hardship, taking account of the provision of other merchandise. Corporations ought to contemplate this when deciding how a lot discover to offer and the way a lot assist they supply to clients to make sure they will easily transition to new preparations; and
• the FCA is partaking intently with the big banking teams about their plans for servicing EEA-based clients after the transition interval.

Zero or damaging BoE Financial institution Charge: PRA Pricey CEO letter on banks’ operational readiness

The PRA has revealed a Pricey CEO letter despatched to particular banks asking about their operational readiness and challenges with potential implementation, significantly by way of expertise capabilities, for a zero or damaging Financial institution of England (BoE) Financial institution Charge.

The PRA asks corporations to finish a questionnaire. Whereas finishing it’s voluntary, the PRA notes that corporations’ responses will assist to make sure that the BoE and the PRA have an correct and complete understanding of any potential points and dangers related to the operational implementation of a zero or damaging Financial institution Charge.

CRR: PRA PS22/20 on remedy of mannequin limitations in banks’ inner fashions for counterparty credit score danger