ARTICLE
2 October 2018

European Central Bank Guide To On-Site Inspections And Internal Model Investigations

SS
Shearman & Sterling LLP

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On September 21, 2018, the European Central Bank published its finalized Guide to on-site inspections and internal model investigations under the Single Supervisory Mechanism.
European Union Finance and Banking

On September 21, 2018, the European Central Bank published its finalized Guide to on-site inspections and internal model investigations under the Single Supervisory Mechanism. The ECB is empowered under the SSM Regulation to conduct, with respect to Eurozone entities within its supervisory remit: (i) on-site inspections, which are in-depth investigations of risk, risk controls and governance; and (ii) internal model investigations, which involve in-depth assessments of internal models used for the calculation of own fund requirements.

The ECB has developed the Guide as a reference document for supervised entities and other legal entities for which the ECB has decided to launch an on-site inspection. It consulted on a draft of the Guide in July 2017 and has published a separate feedback statement on the consultation responses that were received. The Guide applies to ECB inspections of significant institutions, less significant institutions and other legal entities referred to in the SSM Regulation, including third parties to whom credit institutions have outsourced functions.

The Guide comprises three sections: (i) the general framework for inspections; (ii) the inspection process; and (iii) applicable principles for inspections. The Guide is not a legally binding document and does not replace the legal requirements laid down in the relevant applicable EU law.

The Guide is available at: https://www.bankingsupervision.europa.eu/ecb/pub/pdf/ssm.osi_guide201809.en.pdf  and the feedback statement is available at: https://www.bankingsupervision.europa.eu/legalframework/publiccons/pdf/osi/ssm.osi_guide_feedbackstatement201809.en.pdf.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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