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Co-Chair
Klaus Löber

Co-Chair
Benedikt
Maurenbrecher

Banking Law Committee

The Banking Law Committee provides a worldwide forum for banking lawyers and other legal professionals within the banking community to address all sorts of practical and legal issues arising in commercial and regulatory activities in this context. The Committee has held one of the IBA’s most popular and well established events, the International Financial Law Conference, every year since 1984. Below you will find information, updates, news and other resources relevant to your committee.

IFLC Young Lawyers Essay Competition 2021

The IBA Banking Law and IBA Securities Law Committees' IFLC Young Lawyers Essay Competition 2021 will be on the topic of ESG/green regulation in financial services. The closing date for entries is Thursday 2 September 2021See full details, rules and how to enter here.

Forthcoming conferences and webinars View All Conferences

How Brazil regulates Open Banking

‘Open Banking’ refers to an open, interoperable and permeable platform for the sharing of information about financial assets, goods and rights held by account holders and investors who use the services of the capital and financial markets, including payment services. This article details its regulation in Brazil.

Released on Nov 25, 2021

The current status of virtual assets regulation in Uruguay

This article examines the current situation of virtual assets in Uruguay, the creation of a regulatory framework, the position of the Central Bank and the recent developments in the political system.

Released on Nov 17, 2021

Patterns of regulatory initiatives amid funding stimulus and preservation of resilience

A report on a webinar, the second in an ongoing series organised by the Banking Law Committee regarding the impact of the pandemic in the financial arena. The webinar examined: how regulation and its implementation have been wielded to strike a balance between stabilising the economy while also aiming to maintaining banks’ robustness through their loan portfolios; how regulated institutions have behaved in this environment; and what regulation’s role is in planning for a ‘return to normal’.

Released on Nov 17, 2021

The transposition deadline for the Omnibus Directive

The transposition deadline for the Omnibus Directive is quicky approaching and a draft law has been released in Romania for its implementation. This includes several amendments which appear to be exceeding the framework regulated by the Omnibus Directive, boosting consumer protection in the context of unfair terms legislation.

Released on Nov 17, 2021

Fintech and ESG: a desirable crossover

Environmental, social and governance (ESG) factors have been a key driver of change and a main point of discussion in the last few years – as has financial technology (Fintech). This article takes a closer look at these two forces of transition to see how they may impact each other and trigger new ways of doing (sustainable) business.

Released on Nov 17, 2021

Projects and reports

Covid-19 emergency measures relating to funding and claims recovery

In 2020 the Covid-19 crisis struck economies worldwide and triggered an unprecedented set of emergency measures to financially support private companies and consumers, mitigate the impact of the outbreak on financial contracts and payment obligations and avoid systemic insolvencies. In this context, the IBA Banking Law Committee undertook a comprehensive survey of those measures across a selection of jurisdictions from Africa, Asia, Europe, North and South America, jointly representing a material part of the global economy.

The review provides a comparative description of measures under a standard grid of questions around four themes: (1) emergency funding through state guaranteed loans and sectorial support; (2) relaxation of regulatory requirements for lenders; (3) stay/rescheduling of statutory time periods and of contractual obligations, and temporary changes to insolvency and (4) work out frameworks.

The survey is meant to assist practitioners in understanding risk patterns, trends, challenges and opportunities and preparing for adjustments in their fields of practice from a domestic and international perspective. Going further, it is expected to be a reference base to explore new paradigms in banking and finance that may emerge out of the Covid-19 crisis, and their impact on banking and financial services, markets, and players.

The report has been coordinated by Jean-François Adelle, a partner at Jeantet AARPI Paris and Klaus Löber, Head of Oversight at the European Central Bank. IBA Banking Law Committee officers and members in 30 jurisdictions have contributed to the report.


 

Impact Investing: the rise of impact – a lawyers perspective from a business outlook

A Task Force on the rise of impact and the role of lawyers (the 'Task Force') was created in 2020. The objective of the Task Force is to produce a set of practical guidelines and recommendations related to impact investing (the 'Guidelines and Recommendations'). These are developed by business lawyers, addressed to clients who intend to attract investors such as BlackRock into their companies, by:

  1. understanding not only technical legal issues but also the overall context, the changing paradigms and the need for flexibility, sustainability and stakeholder inclusion, where companies are accountable not only for generating profits but also for creating positive social and environmental impacts;
  2. infusing ethics into the decision-making process, weigh legal risks and protect the company’s interests; and
  3. becoming strategic facilitators of an organisation’s growth.

The Task Force has worked on a very practical case, where a client holding of several leading companies in various industries, with operations in many countries and shares listed in the most important exchanges, has entered into an agreement with an investor that intends to make the investment in tranches, provided the company undertakes to deal effectively with the environmental, social and governance (ESG) aspects of its businesses, with milestones to be met in the short and long term.

The Guidelines and Recommendations focus on the fundraising and corporate governance aspects of the practical case mentioned above.

On December last year, the Final Consolidated Recommendations from the Smart Governance Working Group were presented to the IBA. The conclusions of the work were discussed at IBA 2020 Virtually Together Conference in the IBA Showcase session: The rise of impact – a lawyers perspective from a business outlook, on Tuesday 17 November 2020.

Subcommittees and other groups

The Banking Law Committee also coordinates the activities of the following subcommittees/working groups.

  • Alternative Finance Subcommittee
  • Banking Law Committee Advisory Board
  • Banking Regulation Subcommittee
  • Clearing and Settlement of Financial Securities Subcommittee
  • Derivatives Subcommittee
  • Finance in Emerging Countries Subcommittee
  • Financial and Banking Law Conferences Subcommittee
  • Financial Innovations Subcommittee
  • Innovations in Financing Transactions Subcommittee
  • International Financial Law Reform Subcommittee
  • Islamic Finance Subcommittee
  • Legal Opinions Subcommittee
  • Project Finance Subcommittee
  • Structured Finance Subcommittee