EBA Proposes to Revise Guidelines on Internal Governance
EBA launched a consultation on revisions to the guidelines on internal governance of certain entities in EU. The guidelines will apply to competent authorities across EU as well as to credit institutions on a solo and consolidated basis. This review takes into account amendments introduced by the fifth Capital Requirements Directive (CRD5) and the Investment Firms Directive in relation to sound and effective governance arrangements of credit institutions. The consultation runs until October 31, 2020 and the amended guidelines are expected to enter into force on June 26, 2021.
The proposed guidelines clarify that identifying, managing, and mitigating money laundering and financing of terrorism risk is part of sound internal governance arrangements and risk management framework of credit institutions. The draft guidelines further specify and reinforce the framework regarding loans to members of the management body and their related parties. Such loans may constitute a specific source of actual or potential conflict of interest and, therefore, specific requirements have been explicitly included in CRD (Directive 2013/36/EU). Similarly, other transactions with members of the management body and their related parties have the potential to create conflicts of interest and, therefore, EBA is providing guidance on how to properly manage them. Finally, in line with the requirement to have a gender-neutral remuneration policy, the consultation paper contains new guidance on the code of conduct to ensure that credit institutions take all necessary measures to avoid discrimination and guarantee equal opportunities to staff of all genders.
The consultation paper indicates that the final guidelines would apply similarly to credit institutions and to investment firms that are subject to Title VII of CRD (Directive 2013/36/EU) in application of the Article 1(2) and (5) of Regulation 2019/2033/EU. The guidelines are based on an earlier set of guidelines on internal governance and add requirements that aim to foster a sound risk culture implemented by the management body, to strengthen the management body oversight of the activities of credit institutions and to strengthen the risk management frameworks of credit institutions. Additional guidelines have been provided to further increase the transparency of credit institutions’ offshore activities of credit institutions and to ensure the consideration of risks within change processes of credit institutions.
Related Links
Comment Due Date: October 31, 2020
Effective Date: June 26, 2021 (Expected)
Keywords: Europe, EU, Banking, Internal Governance, Governance, Guidelines, CRD, IFD, AML/CFT, EBA
Featured Experts
María Cañamero
Skilled market researcher; growth strategist; successful go-to-market campaign developer
Nicolas Degruson
Works with financial institutions, regulatory experts, business analysts, product managers, and software engineers to drive regulatory solutions across the globe.
Patrycja Oleksza
Applies proficiency and knowledge to regulatory capital and reporting analysis and coordinates business and product strategies in the banking technology area
Previous Article
Bundesbank Publishes Deactivated Validation Rules for ReportingRelated Articles
BIS and Central Banks Experiment with GenAI to Assess Climate Risks
A recent report from the Bank for International Settlements (BIS) Innovation Hub details Project Gaia, a collaboration between the BIS Innovation Hub Eurosystem Center and certain central banks in Europe
Nearly 25% G-SIBs Commit to Adopting TNFD Nature-Related Disclosures
Nature-related risks are increasing in severity and frequency, affecting businesses, capital providers, financial systems, and economies.
Singapore to Mandate Climate Disclosures from FY2025
Singapore recently took a significant step toward turning climate ambition into action, with the introduction of mandatory climate-related disclosures for listed and large non-listed companies
SEC Finalizes Climate-Related Disclosures Rule
The U.S. Securities and Exchange Commission (SEC) has finalized the long-awaited rule that mandates climate-related disclosures for domestic and foreign publicly listed companies in the U.S.
EBA Proposes Standards Related to Standardized Credit Risk Approach
The European Banking Authority (EBA) has been taking significant steps toward implementing the Basel III framework and strengthening the regulatory framework for credit institutions in the EU
US Regulators Release Stress Test Scenarios for Banks
The U.S. regulators recently released baseline and severely adverse scenarios, along with other details, for stress testing the banks in 2024. The relevant U.S. banking regulators are the Federal Reserve Bank (FED), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC).
Asian Governments Aim for Interoperability in AI Governance Frameworks
The regulatory landscape for artificial intelligence (AI), including the generative kind, is evolving rapidly, with governments and regulators aiming to address the challenges and opportunities presented by this transformative technology.
EBA Proposes Operational Risk Standards Under Final Basel III Package
The European Union (EU) has been working on the final elements of Basel III standards, with endorsement of the Banking Package and the publication of the European Banking Authority (EBA) roadmap on Basel III implementation in December 2023.
EFRAG Proposes XBRL Taxonomy and Standard for Listed SMEs Under ESRS
The European Financial Reporting Advisory Group (EFRAG), which plays a crucial role in shaping corporate reporting standards in European Union (EU), is seeking comments, until May 21, 2024, on the Exposure Draft ESRS for listed SMEs.
ECB to Expand Climate Change Work in 2024-2025
Banking regulators worldwide are increasingly focusing on addressing, monitoring, and supervising the institutions' exposure to climate and environmental risks.
