The goal of this work is to provide firstly an overview of the forthcoming legislative proposals and actions on banks, included in the so-called "CRR2 package" to then extend to the consideration of possible further regulatory action which is reasonably expected in view of the interests expressed by the European Authorities. The review of the Package's proposals includes, among other things, the introduction for banks G-SII the requirement Total Loss Absorbing Capacity as well as, for all banks, the Leverage Ratio and the Net Stable Funding Ratio, the gradual introduction of the obligation to set aside provisions in the financial statements deriving from the application of IFRS 9, the extension of the SME Supporting Factor and the creation in insolvency hierarchy of a new asset class of 'non-preferred' senior debt. The totality of the proposed new provisions suggests, first of all, that the principle of proportionality is given greater consideration, but always as a prerequisite for exceptions and not as a condition for a specific regulation for less significant banks. Secondly, it suggests that the fundamental problems of banking crisis regulation and, in particular, the effectiveness of the principle no-creditor-worse-off have not been resolved. In addition, a comment is made that the discipline is excessive and there are risks that it itself can create. The discussion concludes with the flash review on a little number of issues on which it is reasonable to expect further additions to the regulation. This is particularly true of the treatment of NPLs, the securitization, and the shadow banking system and, finally, the FinTech phenomenon, which is so relevant that it opens up very different scenarios, but all of which have in common the huge impact on the banking market structure.

Prospettive di sviluppo della normativa UE in materia di vigilanza e crisi bancarie (Prospects for the development of EU banking supervision and crisis legislation)

Giuseppe Desiderio
2017-01-01

Abstract

The goal of this work is to provide firstly an overview of the forthcoming legislative proposals and actions on banks, included in the so-called "CRR2 package" to then extend to the consideration of possible further regulatory action which is reasonably expected in view of the interests expressed by the European Authorities. The review of the Package's proposals includes, among other things, the introduction for banks G-SII the requirement Total Loss Absorbing Capacity as well as, for all banks, the Leverage Ratio and the Net Stable Funding Ratio, the gradual introduction of the obligation to set aside provisions in the financial statements deriving from the application of IFRS 9, the extension of the SME Supporting Factor and the creation in insolvency hierarchy of a new asset class of 'non-preferred' senior debt. The totality of the proposed new provisions suggests, first of all, that the principle of proportionality is given greater consideration, but always as a prerequisite for exceptions and not as a condition for a specific regulation for less significant banks. Secondly, it suggests that the fundamental problems of banking crisis regulation and, in particular, the effectiveness of the principle no-creditor-worse-off have not been resolved. In addition, a comment is made that the discipline is excessive and there are risks that it itself can create. The discussion concludes with the flash review on a little number of issues on which it is reasonable to expect further additions to the regulation. This is particularly true of the treatment of NPLs, the securitization, and the shadow banking system and, finally, the FinTech phenomenon, which is so relevant that it opens up very different scenarios, but all of which have in common the huge impact on the banking market structure.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11367/75848
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