Basel III rules published - White & Case
Basel III rules published - White & Case
Basel III rules published - White & Case
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Concluding remarks<br />
In this publication, <strong>White</strong> & <strong>Case</strong> means the international legal practice comprising <strong>White</strong> & <strong>Case</strong> LLP, a New York State registered limited liability partnership,<br />
<strong>White</strong> & <strong>Case</strong> LLP, a limited liability partnership incorporated under English law and all other affiliated partnerships, companies and entities.<br />
LON1210046<br />
www.whitecase.com<br />
The aim of the <strong>Basel</strong> <strong>III</strong> capital and liquidity standards is to make banks more resilient. However, <strong>Basel</strong> <strong>III</strong> also imposes costs on banks,<br />
reducing the returns that they can earn on their assets and increasing their cost of capital. It is to be expected that banks will seek to<br />
pass these costs on to their customers to the extent possible.<br />
The capital structure of many financial institutions looks set to change as a result of <strong>Basel</strong> <strong>III</strong>. Some banks have already embarked on<br />
core capital raising exercises which have helped to secure their capital adequacy ratios. It seems quite possible that more will follow.<br />
Alternative or additional ways to meet the <strong>Basel</strong> <strong>III</strong> standards include retention of earnings or the reduction of risk-weighted assets<br />
through sales and/or a shift in the kinds of business undertaken by an institution.<br />
Banks face some uncertainty about how <strong>Basel</strong> <strong>III</strong> will be implemented across countries. National authorities may have some discretion as<br />
to how widely they apply the <strong>Basel</strong> <strong>III</strong> requirements and are also required to exercise judgement when determining the level of the<br />
countercyclical buffer to be held by banks in different circumstances. National authorities may impose more stringent capital and liquidity<br />
standards than prescribed by <strong>Basel</strong> <strong>III</strong>.<br />
In the European Union, <strong>Basel</strong> <strong>III</strong> will be implemented as part of a set of amendments to the Capital Requirements Directive (CRD) referred to<br />
as CRD IV (with the exception of the trading book and securitisation reforms covered already by earlier CRD amendments). The draft<br />
legislation for CRD IV is due to be <strong>published</strong> in the latter part of this year. Difficulties may emerge if particular countries delay implementation,<br />
as can happen with the adoption of international standards.<br />
Attorney advertising, prior results do not guarantee a similar outcome.