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Aide-memoire of the 33rd meeting of the European Financial Markets Lawyers Group

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33rd meeting of the European Financial Markets Lawyers Group

20 & 21 October 2009

European Central Bank, Kaiserstr. 29, room CII (36th floor), 60311 Frankfurt am Main

Agenda

Tuesday, 20 October 2009  

19:00h

COCKTAIL AND DINNER

Keynote speaker: Mr Lucas D. Papademos, Vice-President of the European Central Bank

'The new European financial supervisory framework'

Venue: Hotel Steigenberger - Frankfurter Hof (Salon 11), Kaiserplatz 1, 60311 Frankfurt am Main

Wednesday, 21 October 2009 (9:00h - 18:00h)

1. Approval of the agenda and of the aide-mémoire of the last meeting

 
2. Role of the EFMLG: past, present and future ( for discussion )

 

Issue:

The EFMLG will benefit from the authoritative views of the General Counsels of the various banks represented in the EFMLG in order to reflect critically on the EFMLG achievements so far, to discuss the composition, format and procedures of the Group, to provide guidance and to seek personal support for an increased involvement for the future.

Documents:

EFMLG brochure – 10 years of activities of the EFMLG

Rapporteur: EFMLG Chairman
 

10:30h - 11:30h: Keynote speaker: Mr Alberto Giovannini, Chief Executive Officer Unifortune, Principal Policy Advisor of CESAME

‘Key aspects of capital markets integration in Europe '

 
11:30h - 11:45h: Coffee break
 
3. The impact of the turmoil on the function of General Counsel (for discussion)
 

Issue:

The EFMLG will discuss the lessons drawn from the recent turmoil as regards the General Counsel function.

Panellists:

Mr Hubert de Vauplane (Crédit Agricole Group, Vice-Chair of the EFMLG) - Presentation, Mr Gregor Strehovec (SKB) - Presentation, Mr Dimitris Tsibanoulis (Tsibanoulis & Partners) - Presentation, and Mr Mark Harding (Barclays Bank) - Presentation

 
13:00h - 14:00h – Buffet lunch
 
4. Current issues in the field of market standard documentation and impact for legal departments (for discussion)
 

Issue:

The EFMLG will be debriefed on the High-Level Symposium held with several market associations on 15 September in London on the lessons to be drawn from the turmoil with regard to market standard documentation. The Group will discuss current issues in this field and their impact for legal departments of the banks.

Documents:

EFMLG press release and presentations - EFMLG questionnaire

Panellists:

Mr Holger Hartenfels (Deutsche Bank) - Presentation, and Ms Susan O'Malley (HSBC) - Questionnaire - Responses to Questionnaire

 
5. The regulatory agenda in the EU following the financial turmoil and the reform of European financial supervision (for discussion)
 

Issue:

The EFMLG will discuss the EU regulatory agenda following the financial turmoil and in the context of the implementation of the European financial supervision reform and its impact on the EFMLG activities. The panellists will present (i) crisis management and resolution, as described in Chapter VI of de Larosière Group Report (including deposit insurance aspects); (ii) the colleges of supervisors - strengths, weaknesses and possible improvements; and (iii) the new financial architecture of the European Union and changes for credit institutions.

Panellists: Mr Fernando Conlledo (CECA) - Presentation, Ms Francesca Passamonti (IntesaSanPaolo) - Presentation, and Ms Chiara Zilioli (ECB) - Presentation
EU framework for cross-boarder crisis management in the banking sector: Commission communication - Commission staff working document accompanying the Commission communication - Impact assessment accompanying the Commission communication
 
6. Prospective legal issues to achieve integration of wholesale banking markets (for discussion)
 
Issue:

The EFMLG will strive to identify legal issues which should be tackled as a contribution of the Group to the integration of EU wholesale banking markets. Panelists would in particular address issues relating to (i) harmonisation of close-out netting rules; (ii) central counterparty clearing for OTC derivatives ; (iii) mitigation of the risk of over-collateralisation and (iv) legal challenges arising in the resolution of a cross-border bank.

Panellists: Mr Pedro F. Malaquias (Uría Menéndez) - Presentation, Mr Moïse Bâ (BNP Paribas), Mr Olof Myhrman (SEB) - Presentation, and Mr Stéphane Kerjean (EFMLG Secretary) - Presentation
Possible initiatives to enhance the resilience of OTC derivatives markets - Report and recommendations of the cross-border bank resolution group - ISDA paper on independent amounts
 
7. Other issues of relevance to the EU financial markets (for information)
 
8. Other issues – Next meetings (for information)

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