ARTICLE
25 November 2016

European Banking Authority Proposes Guidelines On Internal Governance

SS
Shearman & Sterling LLP

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On October 28, 2016, the EBA launched a consultation on draft revised Guidelines on internal governance for credit institutions and investment firms.
European Union Finance and Banking
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On October 28, 2016, the EBA launched a consultation on draft revised Guidelines on internal governance for credit institutions and investment firms. The CRD imposes governance requirements on banks and investment firms which include, amongst other things, requirements to have robust governance arrangements, to establish a risk committee and nomination committee and to have adequate risk management processes and internal controls. CRD requires the EBA to develop Guidelines on internal governance. The proposed new Guidelines set out the internal governance arrangements, processes and mechanisms that firms must implement to ensure effective management of the firm. The Guidelines will apply to a firm's governance arrangements, including their organizational structure and processes to identify, manage, monitor and report risks that they may be exposed to, taking into account the three lines of defense model. The EBA's current Guidelines on internal governance, published on September 27, 2011, will be repealed when the new Guidelines enter into force. Responses to the consultation are due by January 28, 2017.

The consultation paper and proposed revised Guidelines are available at:

http://www.eba.europa.eu/documents/10180/1639914/Consultation+Paper+on+Guidelines+on+internal+governance+%28EBA-CP-2016-16%29.pdf  and the current Guidelines are available at: https://www.eba.europa.eu/documents/10180/103861/EBA-BS-2011-116-final-EBA-Guidelines-on-Internal-Governance-(2)_1.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.

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