Greg Kilminster
Head of Product - Content
PS 5/24: PRA issues new PS for solvent exit planning
The Prudential Regulation Authority (PRA) has issued a policy statement (PS) 5/24: Solvent Exit Planning for Non-Systemic Banks and Building Societies. The PS provides feedback on the consultation paper (CP) 10/23, issued in June 2023.
Scope
This PS applies to UK banks or building societies that are:
- Not subject to the Operational Continuity Part of the PRA rulebook.
- Not themselves or part of a group that is a global systemically important institution (G-SII) or another systemically important institution (O-SII).
This PS is not relevant to credit unions or branches of third-country groups.
Content
Changes include:
- The introduction of a new chapter (Chapter 7) to the Recovery Plans part of the PRA rulebook
- A new supervisory statement (SS) 2/24.
- Consequential changes to SS3/21 for alignment.
Under the new rules, a firm must:
- Prepare for a solvent exit as part of its business-as-usual (BAU) activities.
- The preparations must be documented in a solvent exit analysis (SEA).
- If solvent exit becomes a reasonable prospect for a firm, the new expectations dictate how the firm should prepare a solvent exit execution plan (SEEP) and monitor and manage the execution of a solvent exit.
Implementation
Chapter 7 of the Recovery Plans will be implemented on Wednesday, 1 October 2025, and firms are expected to meet the expectations in SS2/24 by the same date.
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HMT issues policy note and draft statutory instrument for PSPs
HM Treasury has released a policy note and a near-final version of a statutory instrument that will enable payment service providers (PSPs) to adopt a risk-based approach to payments. The move comes under the government’s fraud strategy, and it aims to give PSPs more time to investigate suspicious payments.
Content
The proposed legislation will allow PSPs to hold outbound payments for a brief period if they have reasonable grounds to suspect fraud or dishonesty and need extra time to contact the customer or relevant third parties.
Next steps
The government has called for technical feedback on the draft legislation by 12 April 2024 and plans to present the legislation before parliament in the summer of 2024. Furthermore, the government intends to outline its broader strategy for the Payment Services Regulations 2017 as part of its financial services Smarter Regulatory Framework.
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HKMA launches sandbox for stablecoin issuers
The Hong Kong Monetary Authority (HKMA) has announced the launch of a stablecoin issuer sandbox arrangement to facilitate the implementation of the stablecoin regulatory regime proposed in December 2023.
The sandbox is intended for the HKMA to:
- Support the growth of the virtual asset ecosystem in Hong Kong.
- Communicate supervisory expectations and provide guidance.
- Get feedback on the proposed regulatory framework.
- Develop and promote best practices in key control areas, including governance, reserves management and stabilisation, user protection, AML/CFT, and data transparency.
To participate in the sandbox arrangement, interested parties must demonstrate a genuine interest in developing a stablecoin issuance business in Hong Kong and submit a reasonable business plan. Participants’ operations under the sandbox will be conducted within a limited scope and in a manner that minimises risks.
The HKMA website provides detailed information about the sandbox arrangement.
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CFTC chair outlines priorities in ‘golden’ year
In a brief speech at the FIA Boca 2024 International Futures Industry Conference, in Florida, Rostin Behnam, chairman of the Commodity Futures Trading Commission (CFTC) took the opportunity to reference the forthcoming 50th anniversary of the passage of the Commodity Futures Trading Commission Act of 1974 whilst outlining the CFTC’s current regulatory agenda.
Behnam had previously outlined a comprehensive agenda encompassing approximately 30 items covering a range of themes such as risk management, customer protections, efficiency, innovation, reporting policies, and international cooperation. Underlying these themes, he noted, is a need for new rules for the derivatives sector – particularly to help regulate disintermediation and decentralised finance.
Behnam noted that the CFTC’s role remains to regulate the market and ensure integrity and resilience despite the challenge of innovative new approaches to markets and market activity. He reminded the audience that last summer’s Request for Comment on the Impact of Affiliations on Certain CFTC-Regulated Entities will be crystalised into a new policy later this year which should address “potential risks, conflicts, and governance issues that may be raised by new market structures and affiliate relationships”.
Turning to principles-based regulation, Behnam noted that this approach does not equal “light-touch” and that the flexibility principles-based regulation affords allows regulators and regulated entities to use their expertise in ensuring efficiency and effectiveness. He noted that this is particularly the case with digital assets. Nevertheless, he added that principles-based regulation still requires clear guidance, appropriate means to measure compliance and a will to enforce where necessary.
Behnam confirmed that the CFTC has completed much of its 2023/24 agenda “having proposed and finalized changes intended to strengthen governance, improve risk management and resilience” and that the remainder of the year will be spent looking at:
- A proposal to amend CFTC rules that address the treatment of certain types of event contracts.
- Amendments to the Part 39 rules to address the protection of clearing member funds held by Derivative Clearing Organisationss commonly referred to as the “Member Property” proposal.
- The use of artificial intelligence in CFTC-regulated markets.
Behnam concluded by returning to the 50th anniversary, noting it is a “golden” one and reiterating the CFTC’s intention to stay “gold” in its behaviours and commitments.
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