Tag: PRA
The Impracticability of Contractual Bail-In
Introduction Article 55 of the BRRD requires Member States to ensure that in-scope institutions include a contractual term by which the creditor or party to the agreement creating a liability recognises that the liability in question may be subject to the write-down and conversion powers within the BRRD and agrees to be bound by any […]
Art 55 BRRD- PRA no action permanent
The PRA yesterday issued a consultation paper (CP)proposing to make permanent its time-limited 25 November 2015 waiver of Article 55 BRRD compliance, in respect of phase 2 liabilities. The waiver took effect via modification by consent, the consent being that of the PRA. If granted, the modification is valid until the earlier of 30 June 2016, […]
Art. 55 BRRD – No-Action Letter Brit-style
The PRA has today issued a short-term waiver in respect of phase 2 liabilities under its transposition of Article 55 BRRD. Its rules require firms to amend contracts with 3rd country counterparties, to include a term that subordinates liabilities to the Bank’s resolution authority, a contractual recognition of bail-in. The requirement was imposed via a […]
PRA finalises 3rd country stay
On 13 November 2015 the PRA published a Policy Statement containing the final rules for contractual stays in financial contracts governed by third-country law. The rules are the offspring of Consultation paper CP 19/15; their intention is to suspend the 3rd country termination and close-out rights of counterparties to a UK entity that has entered […]
PRA Consults on O-SII Identification
On 19 October 2015, the Prudential Regulation Authority (PRA) published a consultation paper detailing the criteria and scoring methodology it proposes to use to identify “other systemically important institutions” (O-SIIs)[1] – firms whose distress or failure would have a systemic impact on the UK or the EU economy or financial system. The consultation period remains […]
ISDA 2014 Resolution Stay Protocol stayed
On 26 August 2015, ISDA announced that the 2014 Stay Protocol is to undergo revisions. Although it remains open, it is not expected that any market participant would adhere at this time. On the same day, in its comment to the PRA Consultation Paper on contractual stays in financial contracts governed by third-country law, ISDA […]
Bye-Bye Bonus
The PRA and the FCA have today issued a joint statement outlining far-reaching changes to remuneration policy. PS 15/16: Strengthening the Alignment of Risk and Reward: New Remuneration Rules aims to improve risk-reward alignment, deter the irresponsible and short-term appetite for risk, and to encourage effective risk-management. The rules will apply to FCA-regulated banks and […]
LEI is nigh
The PRA has published a “final warning” regarding the imminent LEI deadline: The PRA’s LEI “recommendation” requires a firm/group to obtain an LEI code/codes by 31 December 2014 at the latest The PRA requests that any inability to comply by the year end should be notified to them by Friday 5 December 2014. Notification may be […]
PRA cranks up the printing press
The PRA has published four papers, three consultations and one discussion, as part of the PRA’s wider “resolution and resilience agenda”. The implementation of ring-fencing: consultation on legal structure, governance and the continuity services and facilities- CP19\14 sets out the PRA’s proposed ring-fencing policy in three areas: the legal structure of banking groups, governance, and […]
Senior managers gripped by the regulators’ claws
On 30 July 2014, the FCA and PRA published a joint consultation paper on the new regulatory framework for individuals, along with one on new remuneration rules. New regulatory framework for individuals By pointing the finger pre-emptively at a select group of individuals (the “Senior Managers”), the regulators hope that the senior managers will behave […]