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What it is

New capital rules for Spanish banks and credit institutions

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 1 June 2007. Introduced by: Gobierno.

Official title: Government bill amending Law 13/1985, of May 25, on investment coefficients, own resources and information obligations of financial intermediaries and other rules of the financial system.

Source: Congreso de los Diputados, file 121/000137· updated 11 Nov

Automatic summary, not yet reviewed

  1. Credit institutions must at all times hold enough own funds to cover several types of risk: credit, dilution, position, settlement, counterparty, exchange rate, commodities and operational risk. The calculation methods will be set by regulation, and the Bank of Spain must authorize the more advanced internal methods.
  2. External credit ratings may be used, but only from firms recognized by the Bank of Spain, which will assess their objectivity, independence and market credibility.
  3. Institutions and their consolidable groups must publish each year a single document called "Información con relevancia prudencial" (information with prudential relevance) with data on their financial situation, risks and internal control. The Bank of Spain will set the minimum content and oversee compliance.
  4. The Bank of Spain gains supervisory powers: reviewing institutions' systems, assessing their risks, coordinating with supervisors from other European Union countries, and periodically publishing its criteria and methodologies.
  5. If an institution fails to meet the minimum own funds, the Bank of Spain may require additional funds, demand stronger controls, impose provisioning policies or restrict its business and operations.
  6. During the first two years there is a transitional floor: own funds may not fall below 90% (first year) or 80% (second year) of what the previous rules would have required, to protect financial stability.

Who it affects

  • Banks, savings banks and other credit institutions: They must calculate and hold minimum own funds by risk type, publish annual prudential information and submit to Bank of Spain supervision.
  • Consolidable groups of credit institutions: They must consolidate their financial statements, coordinate internal systems and meet solvency requirements at group level.
  • Bank of Spain (Banco de España): It receives new powers for supervision, international cooperation, disclosure of criteria and executive measures against institutions.
  • Credit rating firms: Their ratings can only be used if the Bank of Spain recognizes them.
  • Investors and the public interested in the financial market: They will get comparable annual information on institutions' solvency and risks.

Words worth knowing

Recursos propios (own funds)
The institution's own money and reserves, used to absorb losses and guarantee solvency.
Entidad de crédito (credit institution)
A company authorized to take money from the public and grant loans, such as banks and savings banks.
Grupo consolidable (consolidable group)
A set of entities in the same group treated as a single one when calculating solvency.
Riesgo operacional (operational risk)
Possible losses from internal failures, human error, systems or external events, not from the financial activity itself.
Calificación externa de crédito (external credit rating)
A score an independent specialized firm gives on the solvency of an institution or its issues.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced1 June 2007Someone registers the text in the Congreso.
  2. Admitted5 June 2007The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments8 June 2007Groups propose changes.
  4. Committee5 September 2007A committee goes through the text in detail.
  5. Plenary18 September 2007All 350 deputies vote.
  6. Senate27 September 2007The Senate can pass it, amend it or veto it.
  7. BOE30 October 2007It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Jun 2007Jul 2007Aug 2007Sept 200711. 1 June 2007: Presentación22. 5 June 2007: Comisión de Economía y Hacienda Publicación desde 05/06/2007 hasta 08/06/200733. 5 June 2007: Calificación44. 8 June 2007: Comisión de Economía y Hacienda Enmiendas desde 08/06/2007 hasta 05/09/200755. 5 September 2007: Comisión de Economía y Hacienda Informe desde 05/09/2007 hasta 18/09/200766. 18 September 2007: Comisión de Economía y Hacienda Dictamen desde 18/09/2007 hasta 18/09/200777. 18 September 2007: Pleno Aprobación desde 18/09/2007 hasta 27/09/200788. 27 September 2007: Senado desde 27/09/2007 hasta 24/10/200799. 24 October 2007: Pleno Enmiendas o veto del Senado desde 24/10/2007 hasta 30/10/20071010. 30 October 2007: Concluido - (Aprobado con modificaciones) desde 30/10/2007 hasta 11/12/2007

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Ley 36/2007, of 16 November, amending Ley 13/1985, of 25 May, on investment coefficients, own resources and information obligations of financial intermediaries and other norms of the financial system.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.