Regulation and Supervision. The Reserve Bank Act requires the RBNZ to exercise its powers of registration of banks and prudential supervision of registered banks for the purposes of: • promoting the maintenance of a sound and efficient financial system; or • avoiding significant damage to the financial system that could result from the failure of a registered bank. The RBNZ’s policy around the registration of banks aims to ensure that only financial institutions of appropriate standing and repute are able to become registered banks. Subject to this requirement, the RBNZ has stated that it intends to keep to a minimum any impediments to the entry of new registered banks, in order to encourage competition in the banking system. The RBNZ’s supervisory functions are aimed at encouraging the soundness and efficiency of the financial system as a whole, and are not aimed at preventing individual bank failures or at protecting creditors. The RBNZ seeks to achieve this by drawing on and enhancing disciplines that are naturally present in the market. As a consequence, the RBNZ places considerable emphasis on a requirement that the banks disclose, on a quarterly basis, information on financial performance and risk positions, and on a requirement that directors regularly attest to certain key matters. These measures are intended to strengthen market disciplines and to ensure that responsibility for the prudent management of banks lies with those who the RBNZ considers are best placed to exercise that responsibility-the directors and management. The main elements of the RBNZ’s supervisory role include: • requiring all banks to comply with certain minimum prudential requirements, which are applied through conditions of registration. These include constraints on connected exposure, minimum capital adequacy requirements and minimum standards for liquidity risk management, and are set out in more detail below; • monitoring each registered bank’s financial condition and compliance with conditions of registration, principally on the basis of published quarterly disclosure statements. This monitoring is intended to ensure that the RBNZ maintains familiarity with the financial condition of each bank and the banking system as a whole, and maintains a state of preparedness to invoke crisis management powers should this be necessary; • consulting with the senior management of registered banks; • using crisis management powers available to it under the Reserve Bank Act to intervene where a bank distress or f...
Regulation and Supervision. To start with, the general legal and political structure of the EU is briefly introduced. The EU is based on two fundamental treaties agreed by the Member States – the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).3 These two treaties were most recently amended by the Lisbon Treaty.4 Alongside the course of establishing the current political framework for the EU, an economic and monetary union was created by the Maastricht Treaty in 1992, leading to a single currency area – the Euro Area – and forming a single monetary policy implemented by the European Central Bank (ECB) and national central banks.5 There are currently 19 countries within the Euro Area 6 and 28 countries (including the UK before 31 January 2020) in the EU. The legislative documents of the EU include primary sources – the treaties, and secondary legislation – regulations, directives, decisions, recommenda- tions and opinions, among which regulations and directives are legally binding in all the Member States.7 Regulation, such as the Single Resolution Mechanism Regulation (SRMR) is directly applicable in the Member States; 3 See, e.g., X Xxxxxxxx, X Xxxxxx and X Xxxxx, European Union Law: Text and Materials (3rd edn, CUP 2014) 39-46; Xxxxx Xxxxxx, Understanding European Union law (6th edn, Rout- ledge 2016) 18-20; Xxxxx Xxxxxxxxxxx, European Union Law (4th edn, Routledge 2016) 26-30; Xxxx Xxxxx, ‘Development of the EU’ in Xxxxxxxxx Xxxxxxx and Xxxxx Xxxxx (eds), European Union Law (OUP 2017). 4 Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007 (2007/C 306/01). The Lisbon Treaty entered into force in December 2009.
