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PwC Regulatory Update November 2019

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Page 1: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC Regulatory Update

November 2019

Page 2: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC 2

Contents

PwC Regulatory Update

3Legislative/Government

developments

6What have

the regulators been up to?

12Industry bodies

14Overseas

developments

23PwC publications

25Contacts

Page 3: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

Legislative/Government developments

Page 4: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC 4

1. Legislative/Government developments

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Establishing the new financial adviser disciplinary system

The Government is working on the new financial adviser disciplinary system as

recommended by the Royal Commission, by early 2021. Financial advisers will

be expected to meet the Code of Ethics which will be applied by law from 1

January 2020.

Australian Financial Services (AFS) licensees will also be required to take

reasonable steps to ensure that their representatives comply with the code. The

ASIC will act against licensees in the event of failure to comply with the code.

Source: Treasurer of the Commonwealth of Australia

Inquiry to residential mortgage products by ACCC

The Government has directed the Australian Competition and Consumer

Commission (ACCC) to undertake an inquiry into the pricing of residential

mortgage products in an aim to promote competition and transparency through

the following:

• Investigating the prices charged for residential mortgages across the entire

market, by major banks, smaller banks, and non-bank lenders;

• Consideration around bank pricing decisions, including passing on

movements in the official cash rate;

• Examining the differences in the prices paid by new and existing customers;

• Examination between reference interest rates published by suppliers and

interest rates paid by customers; and

• Investigating barriers that may prevent consumers from switching lenders.

The ACCC will deliver a preliminary report by 30 March 2020 and a final report

by 30 September 2020.

Source: Treasurer of the Commonwealth of Australia

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PwC 5

1. Legislative/Government developments

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Australian Business Growth Fund (BGF) legislative consultation

The Government has released a draft legislation, Australian Business Growth

Fund Bill 2019, and is seeking feedback on its proposal to authorise the

Government to invest in an Australian BGF in collaboration with financial

institutions to ensure access to finance for small and medium-sized

businesses.

Legislation to establish the BGF will be introduced to Parliament before the end

of 2019.

Source: Treasury

Consultation on improving the effectiveness of the Consumer Product

Safety System

The Government is undertaking an assessment aimed at improving the

effectiveness of the Consumer Product Safety System. The Government is

seeking feedback on how reform of the product safety legislative framework

could look to raise the standards of the following:

• Improve safety outcomes for consumers;

• Enhance clarity for businesses;

• Improve government’s ability to respond to unsafe products without imposing

unnecessary costs; and

• Feedback on policy options to strengthen the existing product safety

framework, including the costs and benefits of the policy options.

Source: Treasury

Page 6: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

What have the regulators been up to?

Page 7: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC 7

2. What have the regulators been up to?

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

New measures to strengthen capital protection for bank depositors

APRA is seeking feedback on the proposed changes to prudential standard,

APS 111 - Capital Adequacy: Measurement of Capital, which establishes the

criteria for Authorised Deposit-taking Institutions (ADIs’) regulatory capital

requirements. The proposed measures are as follows:

• Increase the capital ADIs must hold to offset concentrated exposures to

foreign or domestic banking or insurance subsidiaries;

• Reduce the capital ADIs must hold to offset smaller exposures to banking or

insurance subsidiaries;

• Incorporate various rulings and technical information into the prudential

standard APRA has published since APS 111 was last substantially updated

in 2013; and

• Align APS 111 with updated guidance from the Basel Committee on Banking

Supervision.

Submissions are due by 31 January 2020. The updated prudential standard is

expected to come into force from 1 January 2021.

Source: APRA

Relief extension for portfolio holdings disclosure

ASIC has amended ASIC Class Order [CO 14/443] aiming to provide legal

certainty about the first reporting day for portfolio holdings disclosure, given the

regulations setting out the required disclosures have not yet been made.

Most superannuation trustees, as part of portfolio holdings disclosure

requirements, must provide information about fund holdings on the fund

website. The amendments made to CO 14/443 defer the first reporting day to

31 December 2020. This will allow further time for Government to develop and

make the regulations. It also aims to provide industry with certainty about the

commencement date and time to finalise their reporting processes and

disclosures.

Source: ASIC

APRAAustralian Prudential Regulation

Authority

ASICAustralian Securities and Investments

Commission

ASXAustralian Securities Exchange

AUSTRACAustralian Transaction Reports and

Analysis Centre

Page 8: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC 8

2. What have the regulators been up to?

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

European Securities and Markets Authority and ASIC co-operate on

benchmarks

The European Securities and Markets Authority (ESMA) and ASIC have signed

a Memorandum of Understanding (MoU) to cooperate in respect of Australian

benchmarks.

Under the signed MoU, both authorities agree to cooperate and ensure effective

information exchange and supervisory coordination with each other under their

laws and regulations in relation to the covered benchmarks.

Source: ASIC

ASIC reports on disclosure reliance

ASIC has released a report, Disclosure: Why it shouldn’t be the default, in

collaboration with the Dutch Authority for Financial Markets (AFM), focusing on

the real-world context in which financial services disclosure operates. The

findings include how disclosure and warnings can be ineffective in influencing

consumer behaviour.

Both regulators have identified limitations to disclosure in their respective retail

financial services markets, despite the differences in regulatory regimes

between the two.

Source: ASIC

APRAAustralian Prudential Regulation

Authority

ASICAustralian Securities and Investments

Commission

ASXAustralian Securities Exchange

AUSTRACAustralian Transaction Reports and

Analysis Centre

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PwC 9

2. What have the regulators been up to?

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

ASIC looks to improve consumer outcomes from total and permanent

disability insurance

ASIC has released a report, Holes in the safety net: A review of TPD insurance

claims, summarising the findings and recommendations from ASIC’s thematic

review of total and permanent disability (TPD) insurance in Australia, including:

• TPD policy definitions, and the scope of coverage;

• Review of claims handling practices;

• The role of data in managing the risk of consumer harm; and

• Findings on insurers with higher than predicted rates of declined claims.

ASIC expects insurers and trustees to take steps to implement changes to their

claims handling practices and to redesign TPD products aimed at lifting the

value delivered to consumers. ASIC also expects insurers to invest in data

resources and improve the quality of their data.

Source: ASIC

Financial adviser compliance scheme obligations relief

ASIC will make a legislative instrument to provide relief to AFS licensees from

financial adviser compliance scheme obligations so that the licensees are not in

breach of the law if their financial advisers are not able to register with an ASIC-

approved compliance scheme by 1 January 2020, as originally required.

ASIC will grant a three-year exemption to all AFS licensees from the obligation

in the Corporations Act 2001 to ensure that their financial advisers are covered

by a compliance scheme. AFS licensees will be required to ensure that their

financial advisers comply with the code from 1 January 2020.

Source: ASIC

APRAAustralian Prudential Regulation

Authority

ASICAustralian Securities and Investments

Commission

ASXAustralian Securities Exchange

AUSTRACAustralian Transaction Reports and

Analysis Centre

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PwC 10

2. What have the regulators been up to?

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

ASIC issues letter to trustees to communicate effectively with members

ASIC has issued a letter to the superannuation industry associations to highlight

expectations relating to member communications associated with the reforms

impacting member insurance arrangements, Treasury Laws Amendment

(Putting Members’ Interests First) Act 2019 and the Treasury Laws Amendment

(Protecting Your Superannuation Package) Act 2019. ASIC’s expectations for

trustees from the reforms include:

• Providing balanced and factual communications, which include appropriate

context about the reforms, and;

• Tailoring communications to the needs of their members.

Source: ASIC

Release of consultation response for the ASX listing rules

ASX has released its response in relation to submissions on consultation paper,

Simplifying, clarifying and enhancing the integrity and efficiency of the ASX

listing rules, proposing a broad range of changes to the ASX Listing Rules and

related guidance.

The final rule changes and all the revised listing rules will come into effect on 1

December 2019 with the following two exceptions:

• Changes to Listing Rule 1.1 condition 13 and Listing Rule 12.6 will require

the person who has been appointed by an entity to be responsible for

communication with ASX in relation to listing rule matters to have completed

an approved education course and examination covering listing rule

compliance matters, and;

• Changes to the Appendix 4C and Appendix 5B quarterly cash flow reports

will come into effect for the quarter beginning 1 January 2020 and ending 31

March 2020.

Source: ASX

APRAAustralian Prudential Regulation

Authority

ASICAustralian Securities and Investments

Commission

ASXAustralian Securities Exchange

AUSTRACAustralian Transaction Reports and

Analysis Centre

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PwC 11

2. What have the regulators been up to?

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

AUSTRAC consults on AML/CTF rule amendments

AUSTRAC has released a consultation paper outlining several changes to

chapter 11 of the AML/CTF rules. The proposed amendments remove

references to the 2018 reporting and lodgement periods and sets those periods

for 2019 and each successive year. The amendments also make minor drafting

changes to simplify the expression of the circumstances in which registered

remittance affiliates are exempted from the compliance reporting obligations.

Source: AUSTRAC

Banking sector money laundering and terrorism financing risk

assessment released

AUSTRAC has released a report developed in partnership with the mutual

banking sector, Australia’s mutual banking sector: Money laundering and

terrorism financing risk assessment, outlining the sector’s exposure to financial

crime and includes pathways to strengthen risk mitigation. Some key findings

from the report were:

• The overall money laundering and terrorism financing risk was assessed as

medium;

• The main threat to the sector is money laundering;

• Mutual banks are a target for fraudulent activity such as identity theft and

scams, tax evasion, and welfare fraud, particularly through their elderly

customers; and

• The mutual banking sector has a high level of vulnerability to financial crime.

Source: AUSTRAC

APRAAustralian Prudential Regulation

Authority

ASICAustralian Securities and Investments

Commission

ASXAustralian Securities Exchange

AUSTRACAustralian Transaction Reports and

Analysis Centre

Page 12: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

Industry bodies

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PwC 13

3. Industry bodies

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

‘Protecting Your Super’, receives strong response

The Association of Superannuation Funds of Australia (ASFA) has released a

paper detailing the findings of its survey on the implementation of Protecting

Your Super (PYS) changes and Putting Members’ Interests First (PMIF).

In July 2019, ASFA surveyed its member funds on the impact of the PYS

changes on the provision of insurance cover through superannuation, and found

that an estimated three million accounts in total were liable to lose insurance

cover on 1 July due to these changes. There was an average opt-in rate for

insurance cover of just over 16 per cent of those affected.

ASFA estimated that the upcoming PMIF changes could impact around 1.5

million accounts initially and around 100,000 on an ongoing yearly basis.

Source: ASFA

ASFAThe Association of Superannuation Funds of Australia

Page 14: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

Overseas developments

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PwC

4. Overseas developments – Global

BIS committees publish reports on

unconventional policy tools

The Committee on the Global Financial System

(CGFS) and the Markets Committee have

released two reports which analyse the use of

unconventional monetary policy tools (UMPTs)

that were introduced by central banks. The first

report, Unconventional monetary policy tools: a

cross-country analysis, summarises common

knowledge of adopting UMPTs among central

banks. The second report, Large central bank

balance sheets and market functioning, analyses

the effects of larger central bank balance sheets

on market functioning, the side effects and

lessons for the future.

Source: BIS

CPMI and IOSCO report sets out governance

of OTC derivatives data elements

The Committee on Payments and Market

Infrastructures (CPMI) and the International

Organisation of Securities Commissions (IOSCO)

have published a report, Governance

arrangements for critical OTC derivatives data

elements (other than UTI and UPI). The report

aims to increase transparency, reduce systemic

risk and prevent market misuse when reporting

over-the-counter (OTC) derivative data to trade

repositories. The increased transparency intends

to aid regulating bodies in gaining a more

comprehensive overview of the OTC derivatives

market activity. This report comes as the final

instalment of CPMI-IOSCO Harmonisation

Group’s guidance to develop global instruction on

OTC derivative data elements including Unique

Transaction Identifiers (UTIs) and Unique Product

Identifiers (UPIs).

Source: BIS

FSB issues report on UPI governance

arrangements

The Financial Stability Board (FSB) has issued a

report on the governance for the globally

harmonised Unique Product Identifier (UPI). The

UPI will uniquely identify the product involved in

over-the-counter (OTC) derivatives transactions

reported to trade repositories. This will help

regulators aggregate data on OTC derivative data

by product and facilitate assessing systemic risk

and identifying market abuse. The FSB suggests

that jurisdictions take necessary steps to

implement the UPI Technical Guidance by Q3

2022.

Source: FSB

15

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 16: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

4. Overseas developments – Global

FSB issues note on regulatory concerns of

stablecoins

The FSB has published a note on regulatory risks

posed by stablecoins. The FSB will take the

following measures to address potential risks

posed by stablecoins:

• Check existing regulatory and supervisory

approaches and emerging procedures,

focusing on cross-border risks;

• Assess if these existing regulatory and

supervisory practices are adequate in

addressing systemic risk concerns and

financial stability;

• Advise on global responses, including

developing regulatory and supervisory

procedures to address these concerns at the

global level.

The FSB will submit a consultative report to G20

Finance Ministers and Central Bank Governors in

April 2020, and a final report in July 2020.

Source: FSB

16

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 17: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

4. Overseas developments – Europe

EBA consults on guidelines on the use of the

Structural FX provision

The European Banking Authority (EBA) is

consulting on draft guidelines on the use of the

Structural foreign exchange (FX) provision,

aiming to harmonise the diverse regulatory

frameworks on Structural FX across the EU. The

proposed guidelines aim to identify criteria to

assist Competent Authorities in their evaluation of

the structural nature of a FX position and if this

has been used to hedge the capital ratio.

Submissions are due by 17 January 2020.

Source: EBA

ESAs consults on amendments to the key

information document for PRIIPs

The European Supervisory Authorities (ESAs) is

consulting on changes to the Key Information

Document (KID) for Packaged Retail and

Insurance-based Investment Products (PRIIPs)

aiming to address supervisor and stakeholder

concerns since its implementation. These

changes are applicable to investment funds from

1 January 2022.

The ESAs are seeking feedback on changes in

the following areas:

• Examples of performance scenarios that retail

investors might receive in return from their

investment;

• Information on the costs of investment; and

• Issues relating to different types of funds and

PRIIPs offering a variety of options for

investment.

Submissions are due by 13 January 2020.

Source: EBA

EBA publishes Opinion on the deadline and

process for completing the migration to SCA

for e-commerce card-based payment

transactions

The EBA has published an Opinion, setting the

deadline to 31 December 2020 for the migration

to strong customer authentication (SCA) for e-

commerce card-based payment transactions

under the amended Payment Services Directive

(PSD2). The EBA has further recommended

actions to be taken during the migration period,

suggesting that NCAs focus on monitoring

migration plans rather than pursue immediate

enforcement actions against payment service

providers (PSPs) that do not comply with the SCA

requirements.

Source: EBA

17

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 18: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

4. Overseas developments – Europe

EBA consults on Pillar 3 disclosures

The European Banking Authority (EBA) is seeking

feedback on its proposed changes to the new

Implementing Technical Standard (ITS) for public

disclosure by financial institutions. The

amendments intend to enhance its Pillar 3

framework by transitioning from an isolated

approach to an all-inclusive ITS. The EBA is also

seeking feedback on the regulatory changes

introduced by the Capital Requirements

Regulation 2 (CRR2), aiming to align the

frameworks with international standards.

Submissions are due by 16 January 2020.

Source: EBA

EBA consults on supervisory reporting

changes related to CRR2 and Backstop

Regulation (Framework 3.0)

The EBA is seeking feedback on its proposed

changes to the revised Implementing Technical

Standards (ITS) on supervisory reporting, aiming

to update reporting requirements with regulatory

framework and risk assessments of Supervisory

Authorities. The proposed changes include, but

are not limited to: amendments to credit risk,

counterparty credit risk and leverage ratio.

Changes to the Capital Requirements Regulation

(CRR) affecting supervisory reporting include:

• Implementing key measures, for example,

liquidity, leverage and large exposures; and

• Setting minimum loss coverage for future non-

performing exposures (NPEs).

Submissions are due by 16 January 2020.

Source: EBA

ECB and PBC extend bilateral currency swap

arrangement

The European Central Bank (ECB) and the

People’s Bank of China (PBC) have extended

their bilateral currency swap arrangement,

entered in 2013, for a further three years until 8

October 2022. The arrangement intends to

support financial stability and potential liquidity

shortages in the Euro area banks.

Source: ECB

18

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 19: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

4. Overseas developments – UK

FCA publishes interim report to tackle

concerns about general insurance pricing

The FCA has released the interim report of its

market study into general insurance, concluding

that competition is hurting consumers and

provides potential remedies to solve these issues.

Key findings include:

• Insurers often increase premiums for

customers renewing their insurance;

• Firms engage in a range of practices to raise

barriers to switching; and

• Many consumers who switch or negotiate their

premium can get a good deal.

The FCA is considering the following remedies:

• Restricting practices like increasing prices for

consumers who renew annually;

• Banning processes that discourage switching

including restricting automatic renewal; and

• Improving customer-firm communication.

Source: FCA

UK departure from EU extended

The European Union (EU) and the United

Kingdom (UK) have decided to delay the date of

the UK’s departure from the EU. Firms no longer

need to implement contingency plans for 31

October and should notify FCA for entry into the

temporary permissions regime (TPR) by 30

January 2020. Fund managers should continue to

comply with existing regulations and notify the

FCA if they intend to change their existing

notification by 15 January 2020.

Source: FCA

19

PwC Regulatory Update

PRA consults on review of the capital regime

for credit unions

The Prudential Regulation Authority (PRA) has

released a consultation paper, Credit unions:

Review of the capital regime, seeking feedback

on its proposed changes to the capital

requirements that are applicable to credit unions.

Key proposed changes include:

• Credit unions with total assets greater than

£10m will be provided with increased flexibility

by replacing the current “graduated rate”

approach and removing the 2% capital buffer;

• Removing the affiliation between credit union

activities/membership size and capital

requirements.

Submissions are due by 24 January 2020.

Source: Bank of England

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 20: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

4. Overseas developments – US

CFTC extends consultation period for

proposal to improve data quality and simplify

regulations for swap data repositories

The US Commodity Futures Trading Commission

(CFTC) has extended the consultation period for

its proposed amendments to certain CFTC

regulations regarding swap data reporting to 27

January 2020. The proposed amendments relate

to:

• Updating requirements for swap data

repositories (SDRs) to verify swap data with

reporting counterparties;

• Updating requirements to correct swap data

errors and omissions, and

• Clarifying certain SDR operational and

governance requirements.

Source: CFTC

Regulatory agencies finalise amendments to

streamline Volcker rule

Five federal agencies have released updates to

simplify compliance requirements to the Volcker

rule. The final rules include:

• Firms not engaging in major trading activities

will have simplified compliance requirements;

• Firms with significant trading activity will be

subject to more stringent requirements; and

• Community banks will generally be exempt.

The effective date of the Volcker rule will be 1

January 2020, with a compliance date of 1

January 2021.

Source: FDIC

20

PwC Regulatory Update

Regulatory agencies consult on proposed

changes to the swap margin rule

Five federal agencies are consulting on proposed

changes to the swap margin rules, aiming to aid

the implementation of risk management strategies

at particular banks and swap entities. Under these

proposed amendments swap entities would no

longer need to hold initial margin for uncleared

swaps and aims to provide increased flexibility to

allocate collateral internally for inter-affiliate

swaps.

Source: FDIC

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 21: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

4. Overseas developments – US

Regulatory agencies issue final rule to

simplify capital calculation for community

banks

Federal bank regulatory agencies have finalised a

rule to simplify capital requirements for

community banks. Qualifying community banks

adopting the framework are able to use the

community bank leverage ratio framework, which

removes risk-based capital ratios reporting and

calculation requirements.

The community bank leverage ratio framework

will be available from March 31, 2020.

Source: FDIC

OCC issues final rule amending stress testing

rule for federal savings associations and

national banks

The Office of the Comptroller of the Currency

(OCC) has issued a final rule changing the stress

testing regulation for federal savings associations

and national banks. The amendments include:

• Raising the minimum threshold to $250 billion;

• Revising the required conduct stress testing

frequency;

• Reducing the number of required stress testing

scenarios to two; and

• Adding technical amendments to the stress

testing requirements.

The rule is effective from 24 November 2019.

Source: OCC

21

PwC Regulatory Update

OCC issues final rule for regulatory capital

and liquidity requirements applicability

thresholds

The OCC has released a final rule to amend

capital and liquidity requirements for banking

organisations with total consolidated assets of

greater than $100 billion, aiming to reconcile this

with their risk profiles. The final rule was jointly

established by three federal regulatory agencies

separates banking organisations through risk-

based categories, aiming to determine which

regulatory requirements are applicable to each

category.

Source: OCC

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 22: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

4. Overseas developments – ASIA

MAS and CBIRC strengthen regulatory

cooperation and cross-border regulatory

oversight

The Monetary Authority of Singapore (MAS) and

the China Banking and Insurance Regulatory

Commission (CBIRC) have signed a

Memorandum of Understanding (MOU). The

CBIRC-MAS Supervisory MOU intends to

strengthen regulatory cooperation and promote

exchanging of information between Singapore

and China.

Source: MAS

SFC concludes consultation on the enhanced

Investor Compensation Regime

The Securities and Futures Commission (SFC)

has released conclusions on proposed

amendments to the Investor Compensation

Regime, raising the limit of compensation from

$150,000HKD to $500,000HKD per investor per

default. This also covers trading under Mainland-

Hong Kong Stock Connect and expects to

implement these amendments in early 2020.

Source: SFC

22

PwC Regulatory Update

SFC issues guidance on the application of

EDSPs

The SFC has issued guidelines on the use of

external electronic data storage providers

(EDSPs), highlighting that the accessibility,

integrity and authenticity of regulatory records are

essential if required for Department of Justice or

SFC-initiated legal proceedings. The guidelines

include:

• A mandate to keep SFC-approved regulatory

records with an EDSP at the site of the

licensed corporation; and

• SFC’s expectations to manage operational and

cyber security risks when data storage is

outsourced to an EDSP.

Source: SFC

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 23: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC publications

Page 24: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC

5. PwC publications

PwC Hong Kong: Asset and Wealth

Management Tax Highlights – Asia Pacific (Q3

2019)

PwC HK has released the Q3 2019 edition of the

report, Asset and Wealth Management Tax

Highlights – Asia Pacific, which summarises the

industry and tax developments for the Asia Pacific

region. The report covers various updates,

including:

• Draft ruling on non-concessional MIT income

in Australia;

• The launch of Shanghai-London Stock

Connect;

• Updated Mainland China and Hong Kong SAR

Double Tax treaty;

• Hong Kong SAR’s proposals for a limited

partnership regime for funds; and

• Taxation Laws (Amendment) Ordinance, 2019

in India.

See publication

24

PwC Regulatory Update

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 25: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

Contacts

Page 26: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

PwC 26

6. Contacts

PwC Regulatory Update

Nicole Salimbeni

Partner

Email: [email protected]

Tel: (02) 8266 1729

Edwina Star

Partner

Email: [email protected]

Tel: (02) 8266 4940

Amrita Jebamoney

Partner

Email: [email protected]

Tel: (02) 8266 1826

Sarah Hofman

Partner

Email: [email protected]

Tel: (02) 8266 2231

Craig Stafford

Partner

Email: [email protected]

Tel: (02) 8266 3725

Legislative/

Government

developments

Overseas

developments

What have

the regulators

been up to?

PwC

publicationsContacts

Industry

bodies

Page 27: PwC Regulatory Update - PwC Australia...The ACCC will deliver a preliminary report by 30 March 2020 and a final report by 30 September 2020. Source: Treasurer of the Commonwealth of

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