ARTICLE
9 December 2025

Regulatory Monitoring - November 2025

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
Effective implementation (including tailored impact analysis and gap analysis) of new legislation and agile control using our project management tool (including KPIs).
United States Corporate/Commercial Law
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CHANGE ANALYSIS AND PREVIEW OF RULES

Read the future versions of a law early, including the official explanatory memorandum, and identify any legislative changes.

1. Bank regulation

1.1 PRUDENTIAL REGULATION

a) General

(i) EU

EBA: Consultation on draft Guidelines on the authorisation of third country branches in accordance with Article 48c(8) CRD VI

Status: Consultation

Deadline for the submission of comments: 03/02/2026

The EBA) launched a consultation on draft Guidelines on the authorisation of third-country branches (TCBs) under Article 48c(8) CRD VI. The Guidelines set out: (i) the list of information to be included in the application, concerning matters such as the business plan, capital endowment, liquidity, internal governance, booking arrangement and reporting requirements and information about head undertaking(s), in particular their compliance with prudential requirements and a reasoned, third party legal opinion on the absence of impediments in the third country's framework precluding the ability of the TCB to comply with the EU and prudential legislation and regulation; (ii) the procedure for authorisation, as well as standard forms and templates for the provision of the information required; (iii) the conditions for granting authorisation; and (iv) the conditions under which competent authorities may rely on information that has already been provided in the process of any prior authorisation third country branch authorisation.

The Guidelines apply to national competent authorities and TCBs subject to the requirements set out in Title VI of the CRD. For TCBs treated under national law as credit institutions, the Guidelines apply only to the extent that the requirements in CRD VI specific to TCBs (such as booking requirements for originated business) do not apply to credit institutions.

A public hearing is scheduled for 10 December. Following consultation and approval, the Guidelines will be translated into the official EU languages and published on the EBA website, with competent authorities required to report on whether they comply or intend to comply within two months. They will apply from 11 January 2027, in line with the commencement date of the harmonised authorisation requirements for TCBs introduced by CRD VI.

Date of publication: 03/11/2025

(ii) International

BCBS: Report on further information related to its 2025 assessment of G-SIBs

Status: Final

The BCBS published a report on further information related to its 2025 assessment of global systemically important banks (G-SIBs), with additional details to improve understanding of the scoring methodology. It sets out that further details include global denominators and individual bank indicators. The release accompanies the FSB's updated G-SIB list.

Date of publication: 27/11/2025

BCBS: Summary of meeting discussion and forward-looking priorities

Status: Final

BCBS published a summary of its latest meeting in which members discussed a range of initiatives. The committee reaffirmed its commitment to full and consistent implementation of Basel III standards and approved final principles for managing third-party risk in banking, which will be released next month. It also agreed to expedite a targeted review of its prudential standard for banks' cryptoasset exposures in response to market developments. Other priorities include examining synthetic risk transfers (SRTs), consulting on machine-readable Pillar 3 disclosures (expected in December) and consolidating Guidelines into a more user-friendly format. The committee also approved assessment reports on the UK implementation of the net stable funding ratio and large exposures framework, which are expected next month, and committed to pursue further analytical work into financial risks arising from extreme weather events.

Date of publication. 19/11/2025

b) Solvency/Own funds issues

(i) EU

Commission Implementing Regulation (EU) 2025/2338 amending Implementing Regulation (EU) 2016/100 laying down ITS specifying the joint decision process with regard to the application for certain prudential permissions pursuant to the CRR

Status: Published in the OJ

Date of entry into force: 11/12/2025

Date of application: 11/12/2025

The Commission Implementing Regulation (EU) 2025/2338 was published in the OJ. The amendments update the ITS under Commission Implementing Regulation (EU) 2016/100, which govern the joint decision process for competent authorities when granting permission to use internal models for credit risk, counterparty credit risk and market risk for prudential purposes for certain entities in banking groups, as required by Article 20(8) CRR.

The amending regulation introduces three key changes: (i) the removal of the advanced measurement approach for operational risk, reflecting amendments to the CRR by CRR III (Regulation (EU) 2024/1623); (ii) the alignment with new RTS and ITS on the functioning of supervisory colleges that were published in August (Commission Delegated Regulation (EU) 2025/791 and Implementing Regulation (EU) 2025/790); and (iii) Commission Delegated Regulation (EU) 2025/1496, which sets out that the current requirements on the calculation of own funds requirements for market risk will apply until 1 January 2027.

Date of publication: 21/11/2025

EC: Call for evidence on application of market risk prudential framework

Status: Call for evidence

Deadline for the submission of comments: 16/12/2025

The EC published a call for evidence on a proposed delegated act to amend market risk rules under the Fundamental Review of the Trading Book (FRTB) in Basel III. This follows the November consultation where responses are due by 6 January 2026. Although most Basel III requirements have applied since January, the EC postponed FRTB implementation on several occasions and most recently to 1 January 2027 due to delays and uncertainty regarding FRTB implementation in other major jurisdictions. As a result, the EC is evaluating whether to use the empowerment granted under Article 461a of the Capital Requirements Regulation to adopt a delegated act to mitigate potential negative impacts arising from an unlevel playing field in the international implementation of the FRTB. It would also aim to incorporate those targeted changes already proposed by other jurisdictions that the EC believes can improve the EU framework (e.g., removing excessive rigidity and preventing excessive operational burden on banks). The deadline for feedback is 18 December.

Date of publication: 18/11/2025

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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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