The following Financial Services practice note Produced in partnership with Morrison & Foerster LLP provides comprehensive and up to date legal information covering:
This note provides a legislative history of Basel II which preceded the Basel III reforms. For further information regarding Basel III and CRR and CRD IV, please see CRD IV—essentials.The Basel II Framework, published in its comprehensive form in July 2006 by the Basel Committee of Banking Supervision (BCBS), provided for three regulatory 'pillars' to apply in respect of internationally active banks:
first pillar—minimum capital requirements to be held by banks in respect of their credit risk, operational risk and market risk.
second pillar—supervisory review process, under which banking supervisors review how well banks are assessing their capital requirements for their risks and, if required, take action if they are not satisfied with the banks’ assessments, and
third pillar—market discipline, under which banks are required to make disclosure of information relevant to participants in the financial markets.
On 21 April 2015, the BCBS published a press release on the removal of certain national discretions from the Basel II capital framework.
The BCBS agreed to remove national discretions relating to the following issues:
treatment of past-due loans
definition of retail exposures
transactional arrangements for corporate, sovereign, bank and retail exposures
rating structure standards for wholesale exposures
internal and external audit
The BCBS noted that the national discretion relating to the internal ratings-based approach treatment of equity exposures expired in 2016. In the same press release, the BCBS
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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