ARTICLE
14 January 2016

Final Draft EU Standards On The Prudential Requirements For Central Securities Depositories Published

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A&O Shearman

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On December 16, 2015, the EBA published final draft RTS which set out the prudential regime for central securities depositories under the Central Securities Depositories Regulation.
European Union Corporate/Commercial Law

On December 16, 2015, the EBA published final draft RTS which set out the prudential regime for central securities depositories under the Central Securities Depositories Regulation. A distinction is made in CSDR between CSDs that offer banking-type ancillary services and which are also authorized as credit institutions (i.e. banks) and CSDs that are not permitted to offer ancillary banking services. The final draft RTS cover: (i) the capital requirements applicable to all CSDs; (ii) the additional risk-based capital surcharge which takes into account the risks, including intra-day credit and liquidity risks, that arise from the ancillary banking services of CSDs; and (iii) the framework and tools for monitoring, measuring, managing, reporting and disclosing the above-mentioned credit and liquidity risks. CSDs that carry out ancillary banking services will also need to comply with the CRR and the final draft RTS impose stricter requirements than those in CRR in some respects. The final draft RTS have been sent to the European Commission for endorsement. The CSDR, which introduces common standards for settlements across the EU, will apply directly across the EU from January 1, 2023 to transferable securities issued after that date and from January 1, 2025 to all transferable securities.

The final draft RTS is available at: http://www.eba.europa.eu/documents/10180/1311085/EBA-RTS-2015-10+Final+draft+RTS+on+CSDs.pdf.

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