Hinter den Kulissen der neuen BAIT - Neue Anforderungen und prüfungsrelevanter Handlungsbedarf bei Banken
The Federal Financial Supervisory Authority (BaFin) is expected to publish a new version of BAIT at the beginning of 2021. In the meantime, the expected contents have been clarified as far as possible. In revising BAIT, BaFin has also significantly incorporated the insights gained from the institutions' auditing practice, thus concretising its expectations regarding the design of procedures and processes in the subject areas covered by BAIT. Experience with BAIT audits already carried out shows that the solutions developed in the institutes on the basis of the "old" BAIT often do not meet the expectations of the (external) auditors, which leads to findings that are sometimes serious.
Since the new additional requirements and the concretisation and detailing of the existing requirements are becoming highly relevant to the audit, an internal view of the requirements and their implementation requirements that is aligned with supervisory expectations is indispensable to avoid findings.
The video is designed to help participants gain an initial understanding of the expected changes and their intended direction and scope. As the textual innovations and amended or extended passages are of a purely quantitative "manageable" scope, the first impression may arise that this also applies to the "qualitative" scope of the expected changes. However, this is not the case and the requirements, some of which are very far-reaching in terms of content, have so far partly been presented as individual word additions or inserted half-sentences.
The analysis of the main changes during the event therefore also incorporates findings from BAIT examinations that have already been carried out, which are put into context with the new requirements.
The speaker is Christian Moerler, managing director of Severn Consultancy GmbH, Frankfurt. He has 20 years of management experience in the international financial market and is responsible for numerous projects critical to success in the implementation of regulatory requirements in leading financial companies. He regularly accompanies the preparation and implementation of §44 special audits and annual audits as well as the implementation of projects to restore regulatory compliance after audits have been carried out.
The target group of the video are managing directors as well as department heads of the specialist areas of information technology, information security management, compliance, information risk management, auditing and outsourcing management of BdB member institutions and other credit institutions "typically" affected by BAIT topics.
Video modules "Banking law compact" for supervisory boards
A recommended supplement to the online training "The Supervisory Board Mandate/The Supervisory Board" is the video module "Banking Law Compact" for supervisory boards. Seven videos give interested parties a compact, yet comprehensive overview of current and future bank-specific regulatory requirements.
The videos are between 20 and 50 minutes long. The experts of the banking association give lectures on the topics of
- payment transactions
- tax law
- sustainable finance
- banking law
- banking supervision law
- capital market law and market infrastructures as well as
- retail banking and consumer protection.
You can find more information in the flyer.
ARUG II: Update/Status Quo - u.a. erste Überlegungen zu Hauptversammlungen
Together with its members, the Association of German Banks is developing a practical guide for implementing the new requirements from the second shareholders' rights directive (ARUG II).
After initial experience has been gained since 3 September 2020, in particular with shareholder surveys, the aim is to report on current developments in practice. In addition, first considerations from the recently published practical guide of the German Banking Association on the handling of general meetings under ARUG II will be presented. Finally, the legal framework conditions for reimbursement of costs will be outlined.
The video with Dr. Stefanie Heun, Director in the Banking Association's "Capital Markets and Market Infrastructures" subject group, will provide an opportunity to gain an overview of the requirements for the implementation of ARUG II and current developments in practice.
In particular, the back office area of custodian banks and securities settlement are affected by the new regulations of the second shareholders' rights directive (ARUG II).
Risikoreduzierungsgesetz in der Bankpraxis
The Risk Reduction Act (RiG) serves to implement the EU banking package (CRR II, CRD V, BRRD II and SRMR II). This affects more than a dozen German laws. Follow the recording of the Banking Academy's webinar, in which experts from KPMG and the German Bankers' Association give their views and answer questions from the banks. Please feel free to give us feedback on the format, content or specific questions that affect you in practice. Please send us an e-mail to firstname.lastname@example.org.
Die unabwendbare Zukunft des Bankwesens
Digitization has been binding financial institutions massively, and not just since COVID-19. In Germany alone, banks have invested billions in new infrastructure and systems as well as in the modernization of structures and processes. And yet they are still under constant pressure: the market and market environment are changing more radically and faster than ever before, and COVID-19 has further accelerated the existing trends toward digitization. New competitors are increasingly attracting customers. Added to this are technology giants and mega-platforms, as well as approaches of over-regulation, which have put an additional strain on the relationship between banks and their customers compared to the largely unregulated tech competition.
Accenture and the Association of German Banks take a look at the crossroads at which banks stand today in a video. Whether it is moving in the direction of a utopia or a dystopia is largely in the hands of the market participants themselves.
The following questions, among others, will be addressed:
- What dynamics is the German banking landscape exposed to and how have these dynamics increased since Covid-19?
- Utopia versus dystopia: What are the ultimate scenarios for banks?
- Which levers do banks have to set in order to navigate into a positive future?
- How can banks position themselves as consultants today and help their customers through the crisis in difficult times?
The presentation will be given by Dr. Markus Hamprecht, Senior Managing Director and Head of the Financial Services Division at Accenture in DACH. Herbert Jütten, Managing Director of the Association of German Banks (Bundesverband deutscher Banken e.V.), Berlin, will be the moderator.
The free video is aimed particularly at business managers, strategy and sales managers.
Mindestanforderungen an das Depotgeschäft (MaDepot)
On August 16, 2019, BaFin published the final version of MaDepot, the circular on the minimum requirements for the orderly provision of custody services and the protection of customer financial instruments for investment service providers. In January 2020, the Banking Association, together with the other associations of the German banking industry, published an initial interpretation guide for implementing the new administrative practice.
The almost 70-minute video with Miye Kohlhase, head of the Banking Association's "Capital Markets and Market Infrastructures" topic group, provides an overview and outlook on topics of particular relevance to auditing. She also represents the Banking Association in the discussions of the banking industry with BaFin and the Institute of Auditors (IDW).
The back office area of custodian banks and securities settlement in particular are affected by the requirements with which BaFin specifies the legal regulations of the WpHG and WpDVerOV for the protection of customer financial instruments.
Nettinganzeige in der Praxis sowie Fragen und Antworten zum neuen BaFin-Formular
With the ECB form for netting notices of significant institutions (SI) to be used from 31 January 2020 and the BaFin form for netting notices of less significant institutions (LSI) published on 17 July 2020 and to be used from 1 October 2020, detailed specifications for the notification of regulatory netting for the purposes of Art. 295 et seq. CRR.
The approximately 80-minute video provides an overview of the new requirements and their practical implementation by the institutions.
The focus is on the BaFin form and the requirements for netting notices by LSI.
Follow the discussion between Dr. Lambert Köhling, Bundesverband deutscher Banken e.V. and Patricia Vornhagen, Deutsche Bank AG, Regulatory Legal.
Blockchain 101 - Eine Einführung in die Funktionsweise, rechtlichen Aspekte und Anwendungsfälle der Blockchain für Banken
Blockchain technology is said to have similar potential to the invention of the Internet. It is far more than the technology behind Bitcoin with the potential to change existing financial market structures and open up new business areas.
The video gives an introduction to the functionality of blockchain and smart contracts. By means of use cases and pilot projects from the banking sector, the main legal aspects of using the block chain technology are explained. In addition to civil and data protection law aspects, supervisory law, the new crypto custody license and the upcoming legislative initiatives of the German government are also highlighted.
Speakers: Dr. Nick Wittek, LL.B. (Partner), Jones Day and Thorsten Höche, Managing Director, Legal Issues Group, Association of German Banks
The almost 70-minute video is aimed particularly at managers, employees from the legal department, the IT department and risk management.
Einsatz von künstlicher Intelligenz im Bankwesen
The topic of artificial intelligence is increasingly influencing the banking industry. It has many facets, ranging from the improvement of internal processes in the front and back office to customer interaction. Especially the topics strategy and decision making are increasingly influenced by the topic AI.
Deloitte Consulting and the German Banking Association present the topic of AI in banking in a 90-minute video, with increased reference to the acute topic of Covid-19.
The following questions, among others, will be addressed:
- What are the application areas of AI in banking?
- What are exemplary observations of AI-based research on Covid-19 in banking?
- How does AI-based strategy development work - in the context of Covid-19 and commercial real estate?
- What are the possibilities to efficiently observe the banking environment with A.I.?
Speakers are Dr. Florian Klein, Head of Deloitte's Center for the Long View and Dr. Oliver Fink, Director of Banking Operations at Deloitte Consulting. Frank Mehlhorn, Director of the Association of German Banks, Berlin, will moderate the conference.
The video is aimed particularly at business and personnel managers.
Die EONIA- und €STR-Zusatzvereinbarungen zu den deutschen Rahmenverträgen – Vorstellung der Dokumentation + Fragen und Antworten
On 25 May 2020, the Supplementary Agreement for the transition from EONIA (Euro OverNight Index Average) to €STR (EONIA Supplementary Agreement) and the Supplementary Agreement for €STR Successor Regulations (€STR Supplementary Agreement) to the German Master Agreements for Financial Transactions were published.
The EONIA and €STR Supplementary Agreements enable the contracting parties to replace references to the EONIA in provisions in collateralization annexes or collateralization regulations, in individual financial statements or other framework contractual regulations, and to agree on succession regulations. The modular structure of the documentation with a wide range of selection and supplementation options in the annexes allows the contracting parties to adapt the scope and coverage to their individual needs.
In the approximately 1 1/2 hour video the new documentation is presented and questions about it are discussed.
The discussion is led by:
- Claudia Grabbe, BNP Paribas Niederlassung Deutschland
- Dr. Lambert Köhling, Bundesverband deutscher Banken
- Andrea Kraft, Deutsche Bank AG
- Dr. Phlipp Nordloh, DZ Bank AG
- Marc Voelcker, Linklaters
The video is aimed in particular at employees of institutions, companies and other market participants involved in contractual documentation for financial transactions.
Business Continuity Management
BCM, or "emergency management", prepares companies for risks that threaten the company and ensures the continuation of significant processes. The corona crisis makes it clear that emergencies do not only occur in theory, but can also find their way into social reality at a rapid pace.
The aim of the video (length: approximately 2.5-hours) is to develop a common understanding of the requirements for a modern, efficient BCM. Based on this, various design options are discussed and possible approaches for practical implementation in the context of different institute sizes are evaluated. In particular, the topic of pandemics will also be addressed.
Main topics of the video are:
- Current Threat Situation - Focus Pandemic
- Corona retrospective ("The last 8 weeks")
- The BSI 100-4 will soon become the 200-4
- Status of the planned changes and adjustments ("stage model")
- Updated glossary
- Current Threat Situation - Focus on Pandemic
- Corona View ("What's next?")
- Good-Practice Guideline (GPG) 2018 - Highlights and added value
It will be presented by Uwe Naujoks, partner and head of the Risk Management Division at WG-DATA GmbH in Berlin.
You can order this video here at a price of 198,- Euro plus VAT. Alternatively you can send us an email to email@example.com.