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47th meeting of the European Financial MarketsLawyers Group

Draft AGENDA

Wednesday, 19 March 2014
10:00 – 17:00
Venue: ECB Offices at the Commerzbank Building (Altes Commerzbank Hochhaus),
Neue Mainzer Strasse 32 - 36, 60311 Frankfurt am Main
Meeting room: CB04 (2nd floor)


1. Approval of the agenda

 

2. Introduction of the meeting by  the Chair and the Vice Chair of the EFMLG

Issue:

EFMLG, ECB and SSM: the EFMLG in 2014 and ahead.

Documents:

n/a

Rapporteur:

Chiara Zilioli; Holger Hartenfels

 

3. Bank recovery measures: Litigation risk in the context of EU State aid rules and secondary EU legislation

Issue:

Commission’s “Banking Communication” (Communication from the Commission on the application, from 1 August 2013, of State aid rules to support measures in favour of banks in the context of the financial crisis

Documents:

The Commission State Aid rules of August 2013; presentation

Rapporteur:

Dimitris Tsibanoulis

 

4. Preparation for the Quadrilateral Meeting

Issue:

The next Quadrilateral Meeting is to take place on 15 and 16 July 2014 in New York, organised by the FED. EFMLG gave input on the preferred themes and topics and now the first draft of the agenda is available. The EFMLG is invited to have a short discussion on the agenda, with the aim of identifying concrete topics and speakers.

Documents:

Draft agenda of the Quadrilateral Meeting

Rapporteur:

Otto Heinz

 

5. New Regulation and collateral fluidity: the systemic risk of inhibiting collateral fluidity

Issues:

The representatives of ICMA will present their paper on current regulatory issues

Documents:

Working draft of New Regulation and collateral fluidity; presentation; final ICMA paper

Rapporteur:

Godfried de Vids and Andrew Hill (ICMA);

 

6. Current status of the SRM and the SRF

Issue:

The negotiations on the Single Resolution Mechanism Regulation and the Intergovernmental Conference on the Single Resolution Fund are coming to a close

Documents:

Draft SRM Regulation; Press release; presentation

Rapporteur:

Inigo Arruga Oleaga

 

7. Negative Interest Rates and how the financial markets react in legal terms

Issue:

Tumbling interest and deposit rates may lead to negative benchmark quotations. While the issue (floating rate payer becoming a receiver) is addressed in the OTC world there appears to be a lack of attention in other financial markets

Documents:

Loan Market Association Note - IBOR

Rapporteur:

Ulrich Parche

 

8. Banking secrecy, data protection and its compliance with in the financial industry

Issue:

International Banking regulation requires a Groupwide steering on banking operations vis-a-vis clients. National banking secrecy rules are roadblockers as there is no accepted Banking Group exemption.

Documents:

 

Rapporteur:

Ulrich Parche

 

9. Issues regarding the US Intermediate Holdco Regulation

Issue:

The US Intermediate Holdco Regulation requires foreign banks in the US to set up intermediate holding companies in the US, effectively mandating structural reform within the US of local operations. The impact and implications of this regulation could be assessed as it is relevant to large European banks and it is also related to the Liikanen and Vickers proposals.

Documents:

Presentation

Rapporteur:

Francis Disckinson

 

10. Miscellaneous

 

Issue:

Update on the progress on the assessment of legal implementation issues regarding the possible introduction of EURIBOR +.

Documents:

n/a

Rapporteur:

Chiara Zilioli

 

 

Issue:

ESMA short selling case. Follow up of the EFMLG Madrid meeting. Ruling of the ECJ on case C- 270/12 (Article 114 TFEU)

Documents:

Judgment in Case C-270/12; presentation

Rapporteur:

Inigo Arruga Oleaga and Holger Hartenfels

 

 

Issue:

German Constitutional Court ruling in relation to OMTs
The Court in Karlsruhe has referred the question of the legality of OMTs under EU Law lo the ECJ whilst making a few remarks of its own

Documents:

Decision and Press release no. 9/2014 of 7 February 2014

Rapporteur:

Holger Hartenfels

 

Any other business 

 

Close of meeting 

 

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