Implementing Basel III through the Capital Requirements Directive (CRD) IV: leverage ratios and capital adequacy requirements

Ojo, Marianne (2016): Implementing Basel III through the Capital Requirements Directive (CRD) IV: leverage ratios and capital adequacy requirements. Published in: Journal of Business Law and Ethics , Vol. 3, No. 1 (June 2015)

Abstract

The Capital Requirements Directive (CRD) IV, which constitutes the Capital Requirements Regulation (CRR), as well as the Capital Requirements Directive (CRD), is aimed at implementing Basel III in the European Union. Consequently, this CRD package, replaces Directives 2006/48 and 2006/49 with a Regulation and a Directive. The significance of such a move not only highlights the awareness of the importance of ensuring that Basel rules and regulations become more binding and enforceable, but also signals an era whereby the use of enforcement and supervisory tools such as Binding Technical Standards (BTS) are being introduced and generated by the European Banking Authority, as its plays a crucial role in the implementation of Basel III in the EU. Another significance of such a move towards Basel rules and regulations becoming more enforceable and binding lies in the facilitation of greater consistency, convergence and compliance, which the introduction of a Regulation, Binding Technical Standards, as well as other reporting requirements and provisions would generate in the implementation process. The increased relevance of Basel rules, and particularly Basel III rules, as well as their significance for the Eurozone, European Union institutions and European banks is hereby emphasised.

This paper is also aimed at providing an analysis of the recent updates which have taken place in respect of the Basel III Leverage Ratio and the Basel III Supplementary Leverage Ratio – both in respect of recent amendments introduced by the Basel Committee and proposals introduced in the United States. As well as highlighting and addressing gaps which exist in the literature relating to liquidity risks, corporate governance and information asymmetries, by way of reference to pre-dominant based dispersed ownership systems and structures, as well as concentrated ownership systems and structures, this paper will also consider the consequences – as well as the impact - which Basel III, and in particular, the recent Basel Leverage ratios could have on the Eurozone, and European financial institutions.

In her paper, “The New Capital Requirements Directive What pieces are still missing from the puzzle?” Rym Ayadi states that:“The creation of the Committee of European Banking Supervisors (CEBS) under the comitology structure specified by Commission Decision 2004/5/EC of 5 November 2003 is intended not only to enhance the cooperation and the exchange of information between national supervisors to increase the effectiveness of supervision in a cross-border context, but also to help incorporate updates and technical changes more easily under the comitology procedure.” From this perspective, the rise of macro economics, micro economic inefficiency debates - as well as the validity of such debates will also be considered.

• Item Type: MPRA Paper
• Language: English
• Keywords: Basel III; Capital Requirements Directive IV; European Banking Authority; enforcement; supervision; Binding Technical Standards; Keynesian revolution; macroeconomics; micro economic inefficiency
• Subjects: D - Microeconomics > D8 - Information, Knowledge, and Uncertainty; E - Macroeconomics and Monetary Economics > E3 - Prices, Business Fluctuations, and Cycles; E - Macroeconomics and Monetary Economics > E6 - Macroeconomic Policy, Macroeconomic Aspects of Public Finance, and General Outlook; G - Financial Economics > G2 - Financial Institutions and Services; G - Financial Economics > G3 - Corporate Finance and Governance; K - Law and Economics > K2 - Regulation and Business Law; M - Business Administration and Business Economics ; Marketing ; Accounting ; Personnel Economics > M4 - Accounting and Auditing

References

Ayadi, R. (2005). “The New Capital Requirements Directive What pieces are still missing from the puzzle?” CEPS Policy Brief No. 82/September 2005

Basel Committee on Banking Supervision, 'Capital Requirements and Bank Behaviour: The Impact of the Basel Accord' Basel Committee on Banking Supervision Working Papers April 1999

Basel Committee on Banking Supervision, 'Consultative Paper on a New Capital Adequacy Framework' 3rd June 1999 http://www.bis.org/press/p990603.htm

Basel Committee on Banking Supervision, 'The Internal Ratings Based Approach' Supporting Document to the New Basel Capital Accord 2001 http://www.bis.org/publ/bcbsca05.pdf

Basel Committee on Banking Supervision, Consultative Document, Standard Approach to Credit Risk, Supporting Document to the New Basel Accord January 2001 http;//www.bis.org/publ/bcbsca04.pdf

Basel Committee on Banking Supervision, Principles for Sound Liquidity Risk Management and Supervision Sept 2008 at page 1 <http://www.bis.org/publ/bcbs144.htm>

Basel Committee on Banking Supervision, Principles for Sound Stress Testing Practices and Supervision May 2009 at pages 8-12 http://www.bis.org/publ/bcbs155.htm

Basel Committee on Banking Supervision, Consultative Document: The Non Internal Model Method for Capitalising Counterparty Credit Risk Exposures (June 2013) http://www.bis.org/publ/bcbs254.htm

Basel Committee on Banking Supervision, Consultative Document Revised Basel III Leverage Ratio Framework and Disclosure Requirements June 2013 http://www.bis.org/publ/bcbs251.pdf

Basel Committee on Banking Supervision, Discussion Paper 'The Regulatory Framework: Balancing Risk Sensitivity, Simplicity and Comparability“ July 2013 Bank for International Settlements Publications

Basel Committee for Banking Supervision, 'Global Systemically Important Banks: Assessment Methodology and the Additional Loss Absorbency Requirement' July 2013 http://www.bis.org/publ/bcbs207.pdf

Basel Committee on Banking Supervision, “Basel III Leverage Ratio Framework and Disclosure Requirements” January 2014 http://www.bis.org/publ/bcbs270.htm

Basel Committee on Banking Supervision, “The Standardised Approach for Measuring Counterparty Credit Risk Exposures (March 2014) Available at http://www.bis.org/publ/bcbs279.htm Basel Committee on Banking Supervision, “Supervisory Framework for Measuring and Controlling Large Exposures - Final Standard” April 2014 http://www.bis.org/publ/bcbs283.htm

Bennedsen M, Perez-Gonzalez F and Wolfenzon D,“The Governance of Family Firms” http://web.stanford.edu/~fperezg/familyfirmresearch.pdf

Boettke P, “Information and Knowledge: Austrian Economics in Search of Its Uniqueness” The Review of Austrian Economics, 15:4, 263–274, 2002 Kluwer Academic Publishers

DB Research, 'Leverage Ratio: Pressure on Europe is Rising' http://www.dbresearch.de/servlet/reweb2.ReWEB?addmenu=false&document=PROD0000000000317297&rdShowArchivedD ocus=true&rwnode=DBR_INTERNET_DEPROD$ NAVIGATION&rwobj=ReDisplay.Start.class&rwsite=DBR_INTERNET_DE-PROD

European Banking Authority, Implementing Basel III Europe: CRD IVPackage http://www.eba.europa.eu/regulation-and-policy/implementing-basel-iii-europe

Federal Reserve, Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule http://www.federalreserve.gov/bcreg20130702a.pdf

Federal Reserve, Agencies Adopt Enhanced Supplementary Leverage Ratio Final Rule and Issue Supplementary Leverage Ratio Notice of Proposed Rulemaking http://www.federalreserve.gov/newsevents/press/bcreg/20140408a.htm

Financial Stability Board, Update of Group of Global Systemically Important Banks (G-SIBs) (Nov. 1, 2012) http://www.financialstabilityboard.org/publications/r_121031ac.pdf

Fu L, Lu-Andrews R and Y-Thompson Y“Liquidity and Corporate Governance:Evidence FromFamily Firms” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2433764

Hayek F, “Competition as A Discovery Procedure” THE QUARTERLYJOURNAL OF AUSTRIAN ECONOMICS VOL. 5, NO. 3 (SUMMER 2002)

KPMG, “CRD IV: Single Rule Book For EU Banking Regulation Changes and Implications” May 2013

Lastra RM and Wood G, „The Crisis of 2007 – 09: Nature, Causes and Reactions“ Journal of International Economic Law 13(3) at pages 531 and 532

Morgan JP, 'Basel III Implementation: Is the Industry Running Out of Time?' http://www.jpmorgan.com/tss/General/Basel_III_implementation_Is_the_industry_running_out_of_time_/1320504512062

Myles D, 'How U.S 5% Leverage Ratio Could Catch Foreign Banks' <http://www.iflr.com/Article/3234308/Banking/How-US-5-leverage-ratio-could-catch foreignbanks.html

Ojo M, “Why the Traditional Principal Agent Theory May No Longer Apply to Concentrated Ownership Systems and Structures” http://mpra.ub.uni-muenchen.de/50832/1/MPRA_paper_50832.pdf

Polk D, 'Basel III Leverage Ratio: US Proposes American Add-On, Basel Committee Proposes Important Denominator Changes“ July 19 2013

Polk, D Visual Comparison Chart : US Supplementary Leverage Ratio (SLR) vs Basel III Leverage Ratio26 http://blog.usbasel3.com/category/leverage-ratios/

PricewaterhouseCoopers, “Regulatory Brief: Basel Leverage Ratios: No Cover For US Banks” January 2014 http://www.pwc.com/en_US/us/financial-services/regulatory-services/publications/assets/fs-reg-brief-dodd-frank-basel-leverage-ratio.pdf

Rodriguez Valladares M, 'Why Basel' Latest Leverage Ratio is Better' http://www.americanbanker.com/bankthink/why-basels-latest-leverage-ratio-is-better-1060635-1.html

Rogoff K, Harvard University Prospect Magazine, August 20, 2014

Saidenberg M and Schuermann T, 'The New Basel Capital Accord and Questions for Research' (2003) Wharton Financial Institutions Center Working Paper 2003

Wolf M, The Shifts and the Shocks: What We’ve Learned - and Have Still to Learn” 2014 Penguin Press New York