Examples of Belgian Banking Law in a sentence
Certain portions of CRD have been transposed into Belgian law through the Belgian Banking Law and, although CRR applies directly in each Member State, CRR leaves a number of important interpretational issues to be resolved through binding technical standards, and leaves certain other matters to the discretion of national regulators.
Whilst the Belgian Banking Law contains powers to allow the government to conform the Belgian Banking Law to developments at a European level in certain areas through a royal decree, it cannot be ruled out that there will be differences between the regulatory regime promulgated by the relevant European directives and the regulatory regime of the Belgian Banking Law.
The Belgian Banking Law entered, subject to certain exceptions (including in respect of its resolution regime), into force on 7 May 2014.Belfius Bank’s business and earnings are also affected by fiscal and other policies that are adopted by the various regulatory authorities of the European Union, foreign governments and international agencies.
The Belgian Banking Law, however, has an impact that goes beyond the mere transposition of the aforementioned CRD and BRRD.
In accordance with the Belgian Banking Law, the Board of Directors has delegated to the Management Board of Belfius Bank all such powers to the maximum extent permitted under Belgian law.Pursuant to the articles of association of Belfius Bank, the Board of Directors of Belfius Bank is composed of a minimum of 5 members appointed for maximum terms of four years.
The Belgian Banking Law entered, subject to certain exceptions at that time (including in respect of its resolution regime), into force on 7 May 2014.The Belgian Banking Law is based on the existing regulatory framework and implements into Belgian law (i) the CRD, as further explained in paragraph 8 (Effective capital management and capital adequacy and liquidity requirements) below, and (ii) the BRRD, as further explained in section 3.1.9 (European Resolution Regime) below.
The BRRD has been fully transposed into Belgian law in 2015.The Lead Regulator (as defined in the Conditions) will need to pre-approve any strategic decision of any Belgian financial institution subject to the Belgian Banking Law (including the Issuer, and regardless of it being systemically important or not).
The Issuer is licensed as a credit institution in accordance with the Belgian Banking Law.
In order to make the bail-in tool effective, the BRRD and the Belgian Banking Law also provide that credit institutions (including the Issuer) will at all times have to meet MREL (as defined above, “The Issuer may elect not to pay interest on the Securities or in certain circumstances be required not to pay such interest”) so that there is sufficient capital and liabilities available to stabilise and recapitalise failing credit institutions.
BRRD, which was adopted in May 2014 and implemented in the Belgian Banking Law, provides common tools and powers to supervisory and resolution authorities to address banking crises pre-emptively in order to safeguard financial stability and minimise taxpayers’ exposure to losses.