EBA publishes final technical standards to identify shadow banking entities

23/05/2022 | EBA

23 mai - EBA publishes final technical standards to identify shadow banking entities. EBA publishes its final draft Regulatory Technical Standards (RTS) specifying the criteria to identify shadow banking entities for the purposes of reporting large exposures. The final draft RTS clarify that entities carrying out banking activities or services and which have been authorised and supervised in accordance with the EU prudential framework, shall not be considered as shadow banking entities.

For those entities established in a third country, the final draft RTS differentiate between institutions and other entities.

  • Institutions are not identified as shadow banking entities provided they are authorised and supervised by a supervisory authority that applies banking regulation and supervision based on at least the Basel core principles for effective banking supervision.
  • Other entities are not identified as shadow banking entities provided they are subject to a regulatory regime recognised as equivalent to the one applied in the Union for such entities in accordance with the equivalence provisions of the relevant Union legal act.

Undertakings included in the consolidated supervision of an institution are out of the scope of these final draft RTS. In addition, the final draft RTS clarify that central clearing counterparties (CCPs) are not identified as shadow banking entities when performing only clearing as defined in Article 2(3) of Regulation (EU) No 648/2012 (EMIR).

https://www.eba.europa.eu/eba-publishes-final-technical-standards-identify-shadow-banking-entities-0