- The regulatory framework of credit institutions is adapted to the new integrated supervision requirements of the ECB
- Design the capital buffer regime that credit institutions in Spain will have to meet
The Council of Ministers has approved today the Royal Decree by which the Law of Ordination, Supervision and Solvency of credit institutions is developed. This standard transposes the European Directive 2013/36 into our legal system, which is part of the CRD IV package on credit institutions solvency regulations (Basel III Agreement).
The Directive requires for its transposition the substantial modification of various national standards. The Government has already taken steps this legislature for the adaptation to our legal system of the most urgent issues of the CRD IV package through the Royal Decree of urgent measures for the adaptation of Spanish law to European Union regulations on the supervision of solvency of financial institutions of 2013 and the Law of management, supervision and solvency of credit institutions, approved in June 2014. The Royal Decree approved today involves the consolidation and systematization in a single text of dispersed regulations, improving the quality of our regulations bank and adapting it to all the requirements derived from the launch, last November, of the Single European Supervision Mechanism.
The new standard consists of three titles from which it develops aspects of the law related to the requirements of access to the activity, solvency and supervision of credit institutions:
- Access requirements. In this part the subjective conditions of operation of the banks in Spain are developed: authorization procedure, significant participation regime, suitability requirements and corporate governance
- Solvency of credit institutions. The second title of the RD includes the elements that entities must consider when carrying out the internal capital self-assessment and designing their mechanisms for risk management. In addition, it includes the regime of capital mattresses, which may be set by the European Central Bank (ECB) or by the Bank of Spain.
- Supervision of credit institutions. The scope of the supervisory function of the Bank of Spain and the framework for collaboration with other supervisors are developed, in particular with the ECB within the Single European Supervision Mechanism.
Additionally, the distribution of representatives of the entities adhered to the Management Commission of the Deposit Guarantee Fund is established in accordance with the provisions of Royal Decree-Law 16/2011. The number of representatives of the different associations will be proportional to the deposit volume of their represented.
