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Analyses, feedback and legal news on banking law, credit law and enforcement.
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Credit institution law: definition, authorisation, prudential rules and liability
Obtaining or contesting the authorisation of a credit institution involves mastering a dense legal framework, between the Monetary and Financial Code and the European CRR regulation. Qualifying as a credit institution entails a banking monopoly, strict prudential ratios and ongoing supervision by the ACPR. This guide sets out the definition, licensing rules and liability regimes.
The Single Resolution Mechanism (SRM): operation and role of the CRU and FRU
A systemic bank fails: who decides, who pays, and how can the taxpayer be prevented from bearing the losses? The Single Resolution Mechanism, organised around the CRU and the FRU, answers these questions. Understanding its architecture has become essential for any economic player exposed to banking risk in Europe.
Banking resolution and banking union: bail-in, deposit guarantees and savers' rights
When a bank falters, it is not ordinary bankruptcy law that applies but a special regime: banking resolution. This system, managed in Europe by the Single Resolution Mechanism, enables an ailing institution to be restructured without jeopardising deposits or calling on public funds. By understanding how it works, you can assess what is really protecting your savings.
ACPRACPR: Status, organisation and international cooperation explained
The ACPR is the authority that issues banking and insurance licences in France, imposes disciplinary sanctions and coordinates prudential supervision with its European counterparts. Industry professionals are often unfamiliar with the ACPR's internal organisation and powers, even though these structure all relations with the regulator.
ACPRThe ACPR's powers and sanctions: What you need to know
The ACPR can withdraw authorisations, impose financial penalties and initiate resolution measures: its powers have a direct impact on the banking and insurance institutions it supervises. This article details the full extent of its prerogatives, from prudential supervision to disciplinary sanctions.
The Single Supervisory Mechanism (SSM): role and operation explained
Is your institution subject to an ECB inspection or anticipating a sanction procedure under the Single Supervisory Mechanism? The ESM, the first pillar of the banking union, has given the ECB considerable supervisory powers over significant institutions since November 2014. Understanding the division of powers between Frankfurt and the national authorities is essential for preparing your defence.
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