The EU Equivalence Regime in Financial Services


Book Description

Although the UK financial sector may lose access to the Single Market as early as 31 December 2020, the EU and the UK seem miles away from a common agreement on the regulation of cross-border EU/UK financial services. One possible solution to avoid market fragmentation is to use the EU's equivalence regime: on the basis of a European Commission decision, the UK financial sector could continue to provide certain financial services to EU clients. The present policy brief analyses recent legislative reforms to the EU equivalence regime, and investigates to what extent equivalence is fit for the purpose of promoting EU financial stability (and competitive financial markets) in the post-Brexit context. The analysis shows that the relationship between equivalence and EU financial stability is not clear, as the former brings both benefits and shortcomings to the latter. On one hand, equivalence disincentives UK financial institutions to relocate in the EU, forcing EU supervisory authorities to heavily rely on UK regulators to identify and manage systemic risks. On the other hand, equivalence can also be employed by the EU to influence UK financial rule-making and, following recent reforms, to supervise UK financial institutions providing services to EU clients. The policy brief argues that it is time for a wide-ranging reform of the EU equivalence regime, replacing the patchwork of different regulatory requirements and supervisory procedures with a single, coherent framework for all the regulated activities covered by equivalence. This would increase the international competitiveness of the Single Market for financial services, provide third country institutions with a single point of access and strengthen the supervisory powers of the ESAs and the ECB.




Equivalence in Financial Services


Book Description

Equivalence in Financial Services offers a comprehensive and cross-industry examination of the rules and procedures under EU financial legislation dedicated to third-country market actors. The equivalence regime has become particularly topical after Brexit, as the United Kingdom is now a third country from the perspective of the European Union. This book investigates whether the current equivalence system is fit for its purpose, namely facilitating cross-border finance while minimizing as extensively as possible financial risks. After describing how the European Commission adopts equivalence measures, the book examines the implementation of the equivalence regime for the following entities: Credit Rating Agencies, Benchmarks, Trading Venues, Investment Firms, Investment Funds, Central Securities Depositories, Trade Repositories, and Central Counterparties. Addressing the most recent policy and legal developments, Equivalence in Financial Services provides an insightful guide into this complex area of financial regulation for scholars of financial regulation, legal practitioners, and policy makers.




Brexit and Financial Services


Book Description

This timely book examines the legal and regulatory implications of Brexit for financial services. The UK's withdrawal from the EU is likely to have significant market, political, and policy consequences for the UK financial system, for the single market and the euro area, and for the international financial system. As the UK disentangles its financial system from the EU, law will matter to a profound extent. Treaties, legislation, and regulation, at UK, EU, and international levels, and the many dynamics and interests which drive them, will frame and shape the ultimate settlement between the UK and the EU. Law will also shape how the EU financial system develops post-Brexit and how the international financial system responds. Written by leading authorities in the field, this book addresses and contextualises the legal, regulatory, and policy issues across five dimensions, which correspond to the major legal spheres engaged: financial regulation implications and market access consequences for the UK financial system; labour law and free movement consequences for the UK financial system; the implications internally for EU financial governance and the euro area; the implications and relevance of the EEA/EFTA financial services market; and the trade law and World Trade Organization law implications.




Brexit and Financial Regulation


Book Description

Brexit will have a significant impact on the UK financial services system. This book provides guidance on the complexity of Brexit as it applies to financial institutions through the eyes of leading lawyers. It covers issues of market access, transposition of directly applicable regulation,the assumption of roles carried out by the European Supervisory Authorities ("ESA"), and the impact on cross-border contracts. Brexit and Financial Regulation navigates the future of the EU and UK's approach to bank and investment firm authorisation, the EU concept of equivalence and changes to keypieces of EU legislation. It identifies which pieces of EU legislation contain equivalence provisions and describes the equivalence process. It considers issues relating to characteristic performance, dealing with the test of where services are actually carried out in the EU.The book addresses communications from the EU institutions on the approach to be taken regarding the authorisation of banks and investment firms in the EU27. Of particular importance is consideration of the opinions issued in 2017 by the European Banking Authority and the European Securities andMarkets Authority. This analysis also includes a review of the approach taken by key EU27 jurisdictions such as Germany, France, and the Netherlands.Crucially, the work considers the position of HM Treasury, the Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) in taking on the roles of the ESAs, and how highly technical and detailed EU regulatory technical standards and ESA guidance will be transposed into the PRARulebook and FCA Handbook. It covers the European Union (Withdrawal) Act 2018 and relevant changes to financial services legislation. The Overseas Persons Exclusion contained in the Regulated Activities Order is also discussed.The book also examines the role of international regulatory bodies and international standards. These international standards and agreements have been implemented in EU legislation such as the Capital Requirements Directive IV and the Capital Requirements Regulation. The development of internationalregulation and the UK's influence on it are important components in the post Brexit landscape. Breaking Brexit issues into accessible, structured chapters, leading practitioners from across the City of London unpack legal complexities, sharing a wealth of experience. This is a timely and invaluablework for all those advising or dealing with financial institutions in the UK and the EU.




Financial Regulation in the EU


Book Description

Financial regulation has dramatically evolved and strengthened since the crisis on both sides of the Atlantic, with enhanced international coordination through the G-20 and the Financial Stability Board and, at the regional level, a definite contribution from the European Union. However the new regulatory environment has its critics, with many divergent voices arguing that over-regulation has become a root cause of our current economic stagnation. This book provides a bigger picture view of the impact and future of financial regulation in the EU, exploring the relationship between microeconomic incentives and macroeconomic growth, regulation and financial integration, and the changes required in economic policy to further European integration. Bringing together contributions from law, economics and management science, it offers readers an accessible but rigorous understanding of the current state of play of the regulatory environment, and on the future challenges. Coverage will include: • A review of the recent regulatory changes from a legal and economic perspective • Analysis of how the economic model of financial institutions and entities is impacted by the new frameworks • How to improve securitization and new instruments under MIFID II • Issues in the enhanced supervision under delegated acts for AIFMD, CRR-CRD IV and Solvency II • How long term funding can be supplied in lieu of the non-conventional monetary policies • A new architecture for a safer and more efficient European financial system Financial Regulation in the EU provides much needed clarity on the impact of new financial regulation and the future of the economy, and will prove a must have reference for all those working in, researching and affected by these changes.




Recent Trends in UK Financial Sector Regulation and Possible Implications for the EU, Including Its Approach to Equivalence


Book Description

Brexit poses unique challenges for policymakers in the EU as the most important financial centre in Europe is now outside its regulatory framework. We expect significant divergence over the medium- to long-term, given recent legislative and regulatory initiatives in the UK, but also developments of the regulatory framework in the EU. However, there seem to be limited concerns of an easing of the tax evasion and Anti-Money Laundering framework in the UK. We expect a limited use of the EU equivalence regime for the UK. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the Committee on Economic and Monetary Affairs (ECON).




Brexit’s Winners and Losers. An Empirical Analysis of Economic Effects of Deglobalisation on the Financial Services Industry


Book Description

Bachelor Thesis from the year 2020 in the subject Business economics - Banking, Stock Exchanges, Insurance, Accounting, grade: 1,0, European University Viadrina Frankfurt (Oder), language: English, abstract: This paper aims to analyse what the impact of a no-deal Brexit on the Financial Services Industry is. Given the significant global integration of the UK’s financial services industry as the largest exporter and the host of the world’s leading centre of financial services (House of Lords, 2016), the gained observations and experiences from the example of Brexit shed greater light on determining the consequences of deglobalisation on the financial services industry. In order to determine the impact of a no deal Brexit on the financial services industry, it will be assumed that not only within the transition period but also in the long term, i.e. after an initial period of no relations, no further agreements will be reached between the UK and the EU. Further, the impact will be analysed solely for the industries of the two directly involved parties, thus the EU and the UK. In this course, given that the UK’s exports in financial services strongly exceed their imports of financial services in trade with the EU (House of Commons, 2020), the UK will be considered as the exporting nation; and consequently, the EU will be treated as the importing nation of financial services. Based on this trade surplus indicating a greater reliance from UK-based financial services firms on the EU than from EU-based financial services firms on the UK, the focus will be laid on UK-based financial services firms, which as a whole represent the UK’s financial services industry. The remainder of this paper is structured as follows: after an initial introduction to Brexit and the development of the relationship negotiation; in the third section, the status quo of the financial services industry ante Brexit will be depicted. In this regard, the legal framework will be emphasised, and the mutual reliance will be identified. In order to forecast the future situation of the financial services industry after the transition period, the legal relationship under WTO terms will be thematised in the fourth section. Within this section, a focus will be laid on the possible legal paths of the provision of financial services. Based on the derived legal aspects and considering the political influences in the absence of any relationship, in the fifth section, a post transition period outlook for the financial services industry will be given.







European Financial Regulation


Book Description

Mirroring the long-established structure of the financial industry, EU financial regulation as we know it today approaches banking, insurance and investment services separately and often divergently. In recent decades however, the clear separation between financial sectors has gradually evaporated, as business lines have converged across sectors and FinTech solutions have emerged which do not fit traditional sector boundaries. As the contours of the traditional tripartition in the financial industry have faded, the diverging regulatory and supervisory treatment of these sectors has become increasingly at odds with economic reality. This book brings together insights developed by distinguished researchers and industry professionals in a series of articles analysing the main areas of EU financial regulation from a cross-sectoral perspective. For each specific research theme – including prudential regulation, corporate governance and conduct of business rules – the similarities, as well as gaps, overlaps and unjustifiable differences between banking, securities and insurance regulation, are clearly presented and discussed. This innovative research approach is aimed at informing lawmakers and policymakers on potential improvements to EU financial regulation whilst also supporting legal and compliance professionals applying the current framework or looking to streamline compliance processes.