This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.
FinTech Foundry
| less than a minute read

Political regulation vs risk-based regulation

This story about the EU's treatment of software as regulatory capital is indicative of the dangers of allowing politics to play a role in financial regulation. Regulation needs to be focused on matters of financial risk. It's purpose is to manage that risk for the benefit of society as a whole. When regulation is skewed to political ends, someone risks paying the price at some point.

Bank of England plans break from EU with tougher bank capital rule Five biggest UK lenders will suffer €3.6bn hit from proposed change to software treatment The Bank of England is preparing its first significant break from EU regulations with a proposal that would make bank capital rules tougher in the UK than on the continent. The European Banking Authority decided late last year that lenders should be able to count investment in software towards their core capital levels. For example, if a bank spends €100m on a new trading system, much of that can now be counted as loss-absorbent capital. But in a harsh verdict on the decision, the BoE’s Prudential Regulation Authority has said that it had “found no credible evidence that software assets can absorb losses effectively in stress” and is “therefore concerned . . . [the rule] could undermine the safety and soundness of UK firms”.

Tags

fintech
A&O Shearman Logo
A&O Shearman Logo
© 2024 A&O Shearman. All Rights Reserved.

A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). This content may include material generated by one or more of the legacy firms rather than A&O Shearman.

Attorney Advertising. Prior results do not guarantee a similar outcome.

© 2024 A&O Shearman. All Rights Reserved.

A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). This content may include material generated by one or more of the legacy firms rather than A&O Shearman.

Attorney Advertising. Prior results do not guarantee a similar outcome.