Shearman & Sterling LLP | Financial Regulatory Developments Focus | Bank of England Consults on Approach to Resolution Statements of Policy and Onshored Binding Technical Standards for Brexit
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  • Bank of England Consults on Approach to Resolution Statements of Policy and Onshored Binding Technical Standards for Brexit
    10/25/2018
    The Bank of England has published a consultation paper entitled "UK withdrawal from the EU: The Bank of England’s approach to resolution statements of policy and onshored Binding Technical Standards." The consultation forms part of a package of consultations, "Dear CEO" letters and other communications published by the BoE and the Prudential Regulation Authority on October 25, 2018.

    The consultation covers:
    • the BoE’s proposals to fix deficiencies in the onshored Binding Technical Standards under the Bank Recovery and Resolution Directive, for which it is responsible in its capacity as U.K. resolution authority. The PRA has consulted separately on proposals for the BRRD BTS that are within its remit; a
    • the BoE's proposed guidance on how the existing Statements of Policy on resolution should be interpreted after Brexit.These SoPs cover the BoE's: (i) power to direct institutions to address impediments to resolvability; (ii) approach to setting a minimum requirement for own funds and eligible liabilities (MREL) within groups, and further issues; and (iii) policy on valuation capabilities to support resolvability.

    The proposals are relevant to all firms that are subject to the BoE's resolution powers, such as banks, larger investment firms and CCPs.

    Comments on the consultation are invited by January 2, 2019. The proposed changes will only take effect on exit day in a "no-deal" scenario, in which the U.K. exits the EU on March 29, 2019 without a transitional period agreed between the U.K. and the EU as part of a Withdrawal Agreement. If there is a transitional period, it is expected that the changes would take effect at the end of that period.

    View the consultation paper and appendix.

    View details of the PRA's proposed approach to Binding Technical Standards, including under the BRRD.

    View details of the package of communications published on October 25, 2018.

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