- Moim zdaniem - powiedziała Meredith - ulice w niebie wybrukowane są czekoladą.

The supervisor has the power to increase
EC2, CP1(3). The law empowers the supervisor the prudential requirements for individual banks to set prudential rules (without changing laws)...
and banking groups based on their risk profile22

and systemic importance23.
EC4, CP24. The supervisor has the power to
impose prudential standards on a consolidated 22. In this document, “risk profile” refers to the nature and basis for the banking group...
scale of the risk exposures undertaken by a bank.


23. In this document, “systemic importance” is determined by

the size, interconnectedness, substitutability, global or cross-

jurisdictional activity (if any), and complexity of the bank, as
set out in the BCBS paper on Global systemically important
banks: assessment methodology and the additional loss
absorbency requirement, November 2011 .




2/73




2006 Methodology
2011 Draft Methodology
EC3, CP1(1). Banking laws and regulations are 4. Banking laws, regulations and prudential updated as necessary to ensure that they remain standards are updated as necessary to ensure effective and relevant to changing industry and that they remain effective and relevant to regulatory practices.
changing industry and regulatory practices.

These are subject to public consultation, as
EC2, CP1(3). ...The supervisor consults publicly appropriate.
and in a timely way on proposed changes, as
appropriate.

EC2, CP1(4). The supervisor has full access to 5. The supervisor has the power to: banks’ Board, management, staff and records in (a) have full access to banks’ and banking order to review compliance with internal rules and
groups’ Boards, management, staff and
limits as well as external laws and regulations.
records in order to review compliance with

internal rules and limits as well as external
EC2, CP24. The supervisor has the power to
laws and regulations;
review the overall activities of a banking group, (b) review the overall activities of a banking both domestic and cross-border. The supervisor
group, both domestic and cross-border; and
has the power to supervise the foreign activities (c) supervise the foreign activities of banks of banks incorporated within its jurisdiction.
incorporated in its jurisdiction.


EC1, CP1(4). The law and regulations enable the 6. When, in a supervisor’s judgment, a bank is supervisor to address compliance with laws and not complying with laws or regulations, or it is or the safety and soundness of the banks under its is likely to be engaging in unsafe or unsound supervision. The law and regulations permit the practices or actions that have the potential to supervisor to apply qualitative judgment in jeopardise the bank or the banking system, the safeguarding the safety and soundness of the supervisor has the power to:
banks within its jurisdiction.
(a) take (and/or require a bank to take) timely

corrective action;
EC3, CP1(4). When, in a supervisor’s judgment, (b) impose a range of sanctions; a bank is not complying with laws or regulations, (c) revoke the bank’s licence; and or it is or is likely to be engaged in unsafe or (d) cooperate and collaborate with relevant unsound practices, the supervisor has the power
authorities to achieve an orderly resolution of
to:
the bank, including triggering resolution
 take (and/or require a bank to take) prompt
where appropriate.
remedial action; and

 impose a range of sanctions (including the
revocation of the banking licence).

AC1, CP24. For those countries that allow 7. The supervisor has the power to review the corporate ownership of banking companies:
activities of parent companies and of companies
 the supervisor has the power to review the affiliated with the parent companies to determine activities of parent companies and of their impact on the safety and soundness of the companies affiliated with the parent bank and the banking group.
companies, and uses the power in practice to
determine the safety and soundness of the
bank; and...

Principle 1(2): Independence, accountability Principle 2: Independence, accountability, and transparency
resourcing and legal protection for

supervisors
Each such authority should possess operational
independence, transparent processes, sound The supervisor possesses operational governance and adequate resources, and be independence, transparent processes, sound 3/73




2006 Methodology
2011 Draft Methodology
accountable for the discharge of its duties.
governance and adequate resources, and is

accountable for the discharge of its duties. The

legal framework for banking supervision includes
Principle 1(5): Legal protection
legal protection for the supervisor.


A suitable legal framework for banking
supervision is also necessary, including legal
protection for supervisors.

Essential criteria