Einde inhoudsopgave
Public funding of failing banks in the European Union (LBF vol. 19) 2020/2.2.2
2.2.2 The business model of a bank
mr. M. Louisse-Read, datum 01-06-2020
- Datum
01-06-2020
- Auteur
mr. M. Louisse-Read
- JCDI
JCDI:ADS213858:1
- Vakgebied(en)
Financieel recht / Europees financieel recht
Staatssteun (V)
Voetnoten
Voetnoten
Mayer 2014, p. 27.
Collinet Global Antitrust Review 2014, p. 137-138.
Article 33 CRD IV.
Cernov and Urbano 2018, p. 6.
It is however also possible to make other distinctions to classify banks by business models. See Cernov and Urbano 2016, p. 5-11.
Schildbach 2012, p. 4.
Liikanen Report, p. 42. Alexander EBOLR 2015, p. 229. Cernov and Urbano 2018, p. 23.
EC, Proposal for a Regulation of the European Parliament and of the Council on structural measures improving the resilience of EU credit institutions, COM(2014)43 final.
Liikanen Report, p. iii. See also Alexander 2015, p. 476 and further.
Although the proposal was withdrawn, resolution authorities can currently require banks to make structural changes in their business model under the resolution framework, as a result of which the same result can be achieved.
Lautenschläger 2016.
EBA Report Bank Business Models 2015, p. 36.
De Guindos 2019. EBA, Risk Assessment of the European Banking System, December 2018.
PWC, Who are you calling a ‘challenger’? How competition is improving customer choice and driving innovation in the UK banking market, 2017, p. 10. Forbes, Who Will Trust Facebook Bank?, 15 March 2019.
In line with the definition of credit institution, a typical bank takes deposits from savers (primarily households and corporates) and grants loans to borrow ers (mainly corporates, governments and households).1 The ability to pool deposits from many sources that can be lent to many different borrowers creates the flow of funds inherent in the banking system. By managing this flow of funds, banks generate profits, acting as the intermediary of interest paid and interest received, and taking on the risks of offering credit.2
In addition to taking deposits or other repayable funds from the public and granting credits for its own account, a bank can conduct many more activities. Annex I to CRD IV contains a list of activities that are subject to mutual recognition between the Member States. This means that Member States have to ensure that these activities may be carried out within their territories by any bank authorised and supervised by the competent authority of another Member State, provided that these activities are covered by the authorisa tion.3 These activities include, besides takings deposits and other repayable funds and lending, financial leasing, payment services, providing guarantees and commitments, providing investment services, conducting investment activities, providing ancillary services (such as safekeeping and administration of securities) and issuing electronic money.4 The variety of activities that a bank can conduct make that the European banking sector is characterized by a continuum of possible business models, rendering any classification based on balance sheet indicators difficult.5
A distinction could, for example, be made between, on the one hand, banks that conduct the full array of banking services, ranging from the traditional banking services of deposit taking and lending to payment services and investment banking activities (so-called ‘universal banks’) and, on the other hand, banks that cover only a few of these services (so-called ‘specialized banks’). Examples of the latter category are banks that focus on retail banking, corporate banking, investment banking (that is, proprietary trading, market making and/or hedging activities) or private banking.6 Universal banks are not necessarily large (or systemically important) banks and specialist banks are not necessarily small banks. This depends on their franchise and the scope of business lines they cover.7 The largest banking groups in the EU are however typically universal banks.8
The universal banking model was called into question because of the GFC. In 2014, the Commission proposed to separate deposit-taking from trading and to introduce a ban on proprietary trading.9 Further to this proposal, the Council proposed a mandatory separation of proprietary trading from the 'core' activities of a bank instead of a ban. In case of separation, the separate ring-fenced entities would be maintained in the group. In such a case, the long-standing universal banking model in Europe would remain untouched, since the separated activities would be carried out in the same banking group. Hence, banks' ability to provide a wide range of financial services to their customers would be maintained.10 However, the Commission’s proposal was withdrawn on 4 July 2018 because no agreement on the proposal was foreseeable, the proposal having made no progress since 2015.11
Banks operate in an environment that is characterised by constant change and constant competition.12 In 2015, the EBA flagged: “(…) there are significant potential implications of the new regulatory measures for certain components of banks’ business models. There is likely to be pressure on the future profitability and the returns of the banking sector as it changes to meet the new requirements. In addition, the complexity and costs of managing the change in the regulatory environment will be high and some banks will need to develop new business models, which will be successful once the regulatory framework is finally in place. (…) As a result of the changes in banks’ business models, it is also likely that some aspects of lending will move to the shadow banking sector. Non-traditional banking institutions will start to participate in markets that ‘traditional’ banks, either for reasons of profitability or complexity, decide to leave. This trend is already evident in the increasing role that private equity firms and hedge funds are playing in the commercial real estate segment in some countries. There is also cross-sector interplay as insurance firms have started to participate in certain areas of lending/financing, leading to some overlap with the banking industry.”13 In 2019, European bank profitability is still under pressure due to cyclical factors, cost inefficiencies and competitive challenges arising from outside the sector.14
Traditional banks are also challenged by new ‘digital’ banks offer ing specific online services (fintech) and banks that have emerged from players in other industries, such as social media companies and major supermarket chains with strong and trusted brands and an extensive archive of customer data.15 The banking activity is how ever generally a reserved activity. Typical banking activities are regulated and require the authorisation of the competent authority, which is the ECB within the European Banking Union and the national competent authority outside the European Banking Union.16