Draft CRD II Implementation Regulation: update | Practical Law

Draft CRD II Implementation Regulation: update | Practical Law

This article is part of the PLC Global Finance September 2010 e-mail update for Germany.

Draft CRD II Implementation Regulation: update

Practical Law Legal Update 6-503-4921 (Approx. 2 pages)

Draft CRD II Implementation Regulation: update

by Sandra Pfister, Simmons & Simmons
Published on 01 Oct 2010Germany

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Due to the implementation of CRD II, the German Financial Services Supervisory Authority (or BaFin) is currently working on changes to, among others, the Regulation on Large Exposures and Exposures exceeding EUR 1.5 million (or "GroMiKV").

Draft CRD II Implementation Regulation: update

Due to the implementation of CRD II, the German Financial Services Supervisory Authority (or BaFin) is currently working on changes to, among others, the Regulation on Large Exposures and Exposures exceeding EUR1.5 million (or GroMiKV). Compared to the previous draft, the treatment of intra-group exposures according to draft section 9 para. 2 GroMiKV, which is of particular importance for foreign banks, has only been marginally amended in the latest draft CRD II Implementation Regulation (the Draft Regulation). However, the current Draft Regulation contains a new provision for a look-through approach with regard to investment fund units (cf. section 6 para. 2 draft GroMiKV). Moreover, the current Draft Regulation no longer qualifies buying guarantees for leasing objects as credits (cf. section 1 para. 1 No 1a draft GroMiKV).