ARTICLE
13 November 2014

European Banking Authority Opinion On Prudential Requirements For Credit And Investment Institutions And Exemption Regime

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On October 29, 2014, the EBA published an Opinion on the prudential requirements for credit and investment institutions and exemption regime under the Capital Requirements Directive and Capital Requirements Regulation.
European Union Finance and Banking

On October 29, 2014, the European Banking Authority ("EBA") published an Opinion on the prudential requirements for credit and investment institutions and exemption regime under the Capital Requirements Directive ("CRD") and Capital Requirements Regulation ("CRR") (together known as "CRD IV"). The Opinion deals mainly with issues relating to waivers granted by national authorities, and whether they are prudentially justified. The majority of waivers under CRD IV were deemed to be justified, although the EBA states that their use should be reviewed in future so as to take into account their interactions with the recovery and resolution strategies of banks, as well as the Bank Recovery and Resolution Directive which applies from January 1, 2015, save for the bail-in provisions which must apply from January 1, 2016 at the latest. The EBA recommends that the European Commission consider whether the application of waivers at member state level remains appropriate in light of the new Banking Union.

The Opinion is available at: http://www.eba.europa.eu/documents/10180/657547/EBA-Op-2014-11+%28Opinion+on+CfA+on+art+108+and+109%29.pdf.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More