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47th meeting of the European Financial MarketsLawyers GroupDraft AGENDAWednesday, 19 March 2014
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1. Approval of the agenda | ||
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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. |
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Documents: |
n/a |
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Rapporteur: |
Chiara Zilioli; Holger Hartenfels |
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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 |
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Documents: |
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Rapporteur: |
Dimitris Tsibanoulis |
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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. |
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Documents: |
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Rapporteur: |
Otto Heinz |
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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 |
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Documents: |
Working draft of New Regulation and collateral fluidity; presentation; final ICMA paper |
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Rapporteur: |
Godfried de Vids and Andrew Hill (ICMA); |
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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 |
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Documents: |
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Rapporteur: |
Inigo Arruga Oleaga |
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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 |
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Documents: |
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Rapporteur: |
Ulrich Parche |
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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. |
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Documents: |
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Rapporteur: |
Ulrich Parche |
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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. |
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Documents: |
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Rapporteur: |
Francis Disckinson |
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10. Miscellaneous | ||
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Issue: |
Update on the progress on the assessment of legal implementation issues regarding the possible introduction of EURIBOR +. |
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Documents: |
n/a |
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Rapporteur: |
Chiara Zilioli |
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Issue: |
ESMA short selling case. Follow up of the EFMLG Madrid meeting. Ruling of the ECJ on case C- 270/12 (Article 114 TFEU) |
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Documents: |
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Rapporteur: |
Inigo Arruga Oleaga and Holger Hartenfels |
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Issue: |
German Constitutional Court ruling in relation to OMTs |
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Documents: |
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Rapporteur: |
Holger Hartenfels |
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Any other business |
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Close of meeting |