Directive 2013/36 / EU (Capital Adequacy Directive)

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Directive 2013/36 / EU

Title: Directive 2013/36 / EU of the European Parliament and of the Council of June 26, 2013 on access to the business of credit institutions and the supervision of credit institutions and investment firms, amending Directive 2002/87 / EC and repealing Directive 2006/48 / EG and 2006/49 / EG
Designation:
(not official)
Capital Requirements Directive, CRD IV
Scope: EEA
Legal matter: Capital market law
Basis: Article 53 (1) TFEU
Procedure overview: European Commission
European Parliament
IPEX Wiki
Come into effect: 17th July 2013
Replaces: Directive 2006/48 / EC , Directive 2006/49 / EC
To be
implemented in national law by:
December 31 2013
Implemented by: Germany
CRD IV Implementation Act
Reference: OJ L 176 of June 27, 2013, pp. 338-436
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2013/36 / EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms is a European Union directive . The subject of the directive is the coordination of the regulations of the EU member states on access to the activities of credit institutions and investment firms, on the modalities of corporate governance and the supervisory framework. The guideline implements the increased capital requirements for credit institutions from Basel III and replaces the directives 2006/48 / EG (banking directive) and 2006/49 / EG (capital adequacy directive) .

In German, Directive 2013/36 / EU is also referred to as the Equity Directive for the sake of simplicity . In the English-speaking world, the name Capital Requirements Directive (CRD) is common. Because this directive is the fourth of its kind, it is also known as CRD IV.

Implementation of Basel II

Basel II was implemented in European law through earlier directives . It contained minimum capital requirements for banks, requirements for banks to be checked by banking supervisors and disclosure requirements for banks. Insofar as they did not lead to changes to the German Banking Act , their content was implemented in German law in the Solvency Regulation (SolvV), the Large Loans and Millions Loans Regulation (GroMiKV) and the Minimum Requirements for Risk Management (BA) (MaRisk).

New version to implement Basel III

In December 2010, the Basel Committee on Banking Supervision adopted a comprehensive revision of the supervisory framework under the working title Basel III , which, among other things, provides for a further increase in the minimum level of equity capital. This document has been adopted by the EU; The EU Commission presented a proposal for this in July 2011, which is often referred to in the press as CRD IV .

The proposal consists of two documents: from Regulation (EU) No. 575/2013 (Capital Adequacy Regulation) (English abbreviation CRR), which is to be applied directly as a European Regulation, and the supplementary Directive 2013/36 / EU (Capital Requirements Directive, English Capital Requirements Directive - CRD IV ), which was implemented into national law in Germany by the so-called CRD IV Implementation Act of August 28, 2013 ( Federal Law Gazette I p. 3395 ). Both parts were adopted by the competent EU authorities in June 2013 and published in the Official Journal of the European Union on June 26, 2013 .

The new rules for determining the appropriate capital adequacy (with a core capital ratio of 7% (hard core capital; including 2.5% capital maintenance buffer) and a total capital ratio of 10.5%) are to be applied since January 1, 2014. However, extensive transitional provisions apply. Further provisions of the Capital Adequacy Ordinance and the Capital Adequacy Directive relate to the disclosure requirements for institutions as well as large exposure rules , the maximum leverage ratio and also requirements for the remuneration policy of the institutions.

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