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The adoption of the Basel II guidelines in 2004 was followed at EU level by a recast of the Banking Directive on the one hand (Directive 2006/48/EC) and the Capital Adequacy Directive (Directive 93/6/EEC) on the other hand (Directive 2006/49/EC). These two Directives were officially adopted on 14 June 2006 and published in the Official Journal ...
Thus the actual capital requirement is between 11 and 13.5% (including Capital Conservation Buffer and Counter Cyclical Buffer). [ 14 ] In response to a questionnaire released by the Financial Stability Institute (FSI), 95 national regulators indicated they were to implement Basel II, in some form or another, by 2015.
Published in 2004, Basel II was a new capital framework to supersede the Basel I framework. It introduced "three pillars": [1] Minimum capital requirements, which sought to develop and expand the standardised rules set out in the 1988 Accord; Supervisory review of an institution's capital adequacy and internal assessment process;
Basel III requires banks to have a minimum CET1 ratio (Common Tier 1 capital divided by risk-weighted assets (RWAs)) at all times of: . 4.5%; Plus: A mandatory "capital conservation buffer" or "stress capital buffer requirement", equivalent to at least 2.5% of risk-weighted assets, but could be higher based on results from stress tests, as determined by national regulators.
The directives provide for "a certain minimum legal requirement as regards the extent of the information that should be made available to the public and authorities by undertakings across the Union" and require "undertakings subject to this Directive" to give "a fair and comprehensive view of their policies, outcomes, and risks". [15]:
Arguably the most important requirement in bank regulation that supervisors must enforce is maintaining capital requirements. [4] As banking regulation focusing on key factors in the financial markets, it forms one of the three components of financial law, the other two being case law and self-regulating market practices. [5]
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The Capital Adequacy Directive was a European directive that aimed to establish uniform capital requirements for both banking firms and non-bank securities firms, first issued in 1993 and revised in 1998. These was superseded by the Capital Requirements Directives starting in 2006.