EU & US Reg Roundup 25/08/26
The EBA consults on revised technical standards for the reclassification of investment firms as credit institutions
25 August 2026
The European Banking Authority (EBA) has launched a consultation on three draft Regulatory Technical Standards (RTS) concerning the reclassification of investment firms as credit institutions where they exceed the EUR 30 billion total assets threshold.
The proposals cover three key areas:
A. the methodology for calculating total assets against the EUR 30 billion threshold;
B. the reporting requirements for investment firms whose total assets exceed EUR 5 billion; and
C. the factors competent authorities should consider when deciding whether to grant a waiver from the requirement to hold a credit institution authorisation.
The revised RTS reflect amendments to the Capital Requirements Directive (CRD) made in 2024, which clarified the scope of entities to be included when calculating the total assets threshold. The EBA states that the proposals will support a more proportionate and risk-based application of the regulatory framework for investment firms.
Under the CRD, investment firms whose total assets exceed EUR 30 billion are required to obtain a credit institution authorisation rather than operate under a MiFID investment firm authorisation. Where a waiver is granted, an investment firm may continue to operate under its investment firm authorisation.
The consultation is open until 25 November 2026.
Please find the whole consultation here.
RTS on threshold monitoring - Annex 1 - Templates
RTS on threshold monitoring - Annex 2 - Instructions updated to reflect CRD6 update
European Securities and Markets Authority
ESMA consults on reporting framework for clearing activity at recognised third-country CCPs
18 August 2026
The European Securities and Markets Authority (ESMA) has launched a consultation on a proposed annual reporting framework under EMIR for clearing activity at recognised third-country central counterparties (CCPs), aimed at improving supervisory visibility of EU firms’ exposures to such CCPs.
The consultation paper sets out proposed Regulatory Technical Standards (RTS) and Implementing Technical Standards (ITS) under the European Market Infrastructure Regulation (EMIR). The reporting obligation will apply to clearing members and clients that clear transactions through recognised third-country CCPs.
The proposals aim to provide supervisory authorities with a structured and consistent overview of the scale, characteristics and risk profile of EU firms’ exposures to recognised third-country CCPs, supporting the broader monitoring framework established under EMIR 3.
In line with ESMA’s simplification and burden reduction agenda, the framework seeks to maximise the reuse of information already available through existing reporting channels and limit new requirements to information that is not currently available to ESMA or competent authorities.
Once implemented, the new requirements will establish a harmonised approach to reporting clearing activity at recognised third-country CCPs.
Please find the whole consultation here.
Federal Reserve
The Federal Reserve Board issues enforcement action with SouthPoint Bancshares, Inc.
20 August 2026
The Federal Reserve Board entered into a Written Agreement with SouthPoint Bancshares requiring the company to strengthen its capital planning, cash flow management, governance and regulatory oversight.
SouthPoint must submit a consolidated capital plan and cash flow projections, while restrictions have been placed on dividends, share repurchases, capital distributions and certain debt transactions without prior regulatory approval. The company must also provide quarterly progress reports and comply with regulatory requirements concerning directors and senior executives.
The Federal Reserve also terminated a 2017 Cease and Desist Order against Deutsche Bank AG, DB USA Corporation and Deutsche Bank AG New York Branch, effective 13 August 2026.
Please find the whole enforcement action here.