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ARTICLE · 21 JANUARY 2022

The New MFSA Banking Rule 24 On Internal Governance

Through a circular issued on the 7 January 2022, the MFSA advised that Banking Rules BR/01, BR/12, BR/14[, BR/15 and BR/21 had been revised primarily to transpose Directive (EU) 2019/878 of the European Parliament and …

MaltaFinance and Banking

Through a circular issued on the 7 January 2022, the MFSA advised that Banking Rules BR/01, BR/12, BR/141, BR/15 and BR/21 had been revised primarily to transpose Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU ("CRD V"). Additionally, for the first time, the Banking Rules now include a specific banking rule dealing with governance of banks, namely BR/24 on Internal Governance of Credit Institutions. The revisions to the Banking Rules and BR/24 are in force.

BR/24 incorporates:

  • the EBA Guidelines on Internal Governance, (EBA/GL/2021/05)2 (the "EBA Guidelines". To-date these guidelines had been incorporated 'indirectly' by way of reference in Annex 1 of BR/12 and certain aspects of internal governance had also been addressed in Annex 2B of BR/12 entitled Technical Criteria on Governance Arrangements and the Treatment of Risks (now being repealed);

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