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(Faculty of Economics and Business Administration, Goethe University Frankfurt)

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Brexit – Notizen zum Aufsichtsrecht

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Usually ships within 1 to 3 months. Enforcement of English judgments across the European Union will, in turn, become subject to the widely-varying national laws of each EU Member State. The process of enforcing an English judgment in a Member State is likely to prove more costly and onerous with a lower rate of success than the current streamlined procedure.

As a result of the Draft Withdrawal Agreement clients and friends completing jurisdiction and dispute resolution clauses in contracts involving parties from EU Member States would be advised to consider their options carefully, including the option of arbitration, in light of the future disapplication of the Brussels regime. On the same timetable as the disapplication of the Recast Brussels Regulation, the Draft Withdrawal Agreement will also disapply two other European instruments which currently set the rules on deciding which law applies in both contractual and non- contractual disputes where there is no written agreement specifying the governing law.

These are the so-called Rome I choice of law in contractual disputes and Rome II choice of law in non-contractual disputes conventions. At the same time as parties pay closer attention to their choice of jurisdiction for their disputes, parties should also pay closer attention to specifying their governing law. The Draft Act proposes amendments to the German Banking Act Kreditwesengesetz and the Insurance Supervision Act Versicherungsaufsichtsgesetz and aims to avoid any harm to the functioning or stability of financial markets in case of a hard Brexit, i.

BaFin will be allowed to grant a transition period until the end of for passporting financial services into Germany.

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The proposed amendment to the KWG will allow the German Federal Financial Supervisory Authority BaFin to permit firms based in the UK, which have been providing cross-border banking or financial services based on a European passport before Brexit, to continue to operate financial transactions in Germany until the end of at the latest.

The proposal reads:. In the event that the United Kingdom of Great Britain and Northern Ireland withdraws from the European Union at midnight on 29 March without having concluded an agreement on withdrawal from the European Union […] t he Supervisory Authority may determine , in order to prevent disadvantages for the capacity of financial markets to function or for their stability, t hat the [passporting] provisions […] are to be applied accordingly, fully or partially, for a period of up to 21 months following the time of withdrawal , to companies based in the United Kingdom of Great Britain and Northern Ireland that on 29 March conduct banking business or provide financial services in Germany through a branch in Germany or by providing cross-border services [under the passporting regime].


Now Germany is following. The Draft Act, which needs to go through parliament before entering into force, authorises BaFin to extend the current passporting regime at its own discretion. BaFin may adopt a generally applicable rule for all institutions concerned or restrict it to individual supervisory areas that are highly affected. The transition period can also be shortened by BaFin. In addition, BaFin may attach conditions to its permission regime and abolish its measures at any time. According to the currently proposed wording of the Draft Act, the transition period only applies to financial transactions concluded before Brexit.

New financial transactions are only included if they are closely related to existing ones. During the transition period, the companies concerned must prepare themselves to either apply for a respective license in Germany in order to to submit their German business to the supervisory regime for third countries, or to bring their German business to an end.

The Draft Act authorises BaFin to adopt a similar transition period for insurance undertakings in order to avoid disadvantages for policyholders and beneficiaries. This will enable insurance companies based in the UK to either transfer or terminate existing contracts within a reasonable timeframe, or meet the necessary prudential requirements for an orderly run-off of such contracts, where this is not possible. In case the EU comes up with a similar and uniform transition rule to protect the financial markets from any chaotic disruption due to Brexit, the EU rule will prevail.

Translation of «Instabilität» into 25 languages

By Dr. The good old days seem to be over. Once Brexit gets real, the current passporting rules will no longer be available and new rules will apply for UK fund managers with EU clients. With or without equivalence, the UK will become a third country from an EU perspective, which raises three key questions that you will need to answer in order to chart the path forward: 1.

Where is your fund located? Where is your fund manager located? And 3. Where are you undertaking sales activities to address your EU clients?

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  • Meaning of "Instabilität" in the German dictionary.
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  • To put it simply, there are seven different ways to serve your existing EU clients after Brexit, or to build new relationships with EU clients. We will show you in this Brexit map which route you will need to take to remain successful. In addition to considering the legal setup , it will be equally important to evaluate the way you communicate if you want to grow your EU customer base.

    For example, you must consider what should be taken into account when informing media in the unique German-speaking market. For background information and details on this ongoing process which may change on a daily basis! We are very happy to share our expert knowledge with you. Brexit will have an impact on the European and the UK financial market.

    Cross-border services will still be possible but the legal set-up will change and will get more complicated than the current passporting regime. Anyone who provides banking business or financial services in Germany without the appropriate license is committing a criminal offence.

    If charged, the person committing the criminal offence can become subject to a prison sentence up to 5 years in case of intention and up to 3 years in case of negligence or a monetary fine. Any UK person then providing any such business in Germany without the appropriate license, i. The current political will in Europe does — at least at this stage — not cater for any easing of the strict criminal regime once the passporting rights of UK firms end due to Brexit.

    This will allow inbound EEA firms to continue operating in the UK within the scope of their current permissions for a limited period after the exit day, while seeking full UK authorisation. It will also allow funds with a passport to continue temporarily marketing in the UK while seeking UK recognition to continue to market in the UK. The FCA expects the temporary permissions regime to come into force when the UK leaves the EU on March 29, and expects the regime to be in place for a maximum of three years, within which time, firms and funds will be required to obtain authorisation or recognition in the UK.

    Firms will need to notify the FCA that they wish to use the temporary permissions regime. This will be an online process and the FCA expects to open the notification window in early January The notification window will close prior to exit day. Once the notification window has closed, firms that have not submitted a notification will not be able to use the temporary permissions regime.

    Meaning of "Instabilität" in the German dictionary

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    Synonyms and antonyms of Instabilität in the German dictionary of synonyms

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