The Banking Supervision (Bailiwick of Guernsey) Law, 1994 provides for the States (government) of Guernsey to introduce a depositor compensation scheme in Guernsey. On 26 November 2008 the States of Guernsey approved the immediate creation of a Depositor Compensation Scheme for Guernsey. The Banking Deposit Compensation Scheme (Bailiwick of Guernsey) Ordinance, 2008 is available in the Legislation and Guidance section of this website, though further details are available at www.dcs.gg.
Yes. Basel II requirements have been embedded for some time. Basel III-consistent regulatory capital requirements were introduced in Guernsey in early 2016. Basel III-consistent minimum regulatory liquidity requirements will be implemented during 2017. The Commission continues to monitor the work of the Basel Committee on Banking Supervision to ensure that the local regulatory framework is compliant with international standards.
Banks are required to maintain a Risk Asset Ratio of 10.5% for Pillar 1 (comprising an 8% requirement plus a 2.5% Capital Conservation Buffer) and at least 0.5% for Pillar 2; making an aggregate of 11%. Most banks have regulatory capital requirements between 12-16%.
Banks are required to maintain a minimum Common Equity Tier 1 ("CET1") capital ratio of 8.5% (comprising a 6% requirement plus a 2.5% Capital Conservation Buffer) for Pillar 1. Pillar 2 capital should be comprised of at least 75% CET1.
The Pillar 2 requirement is applied through the Supervisory Review and Evaluation Process ("SREP") which embraces two dimensions: banks' assessment of capital and other mitigants required to cover their risks (the Internal Capital Adequacy Assessment Process - "ICAAP") and the supervisory review and evaluation of that assessment. An outcome of the SREP is the agreement of the amount of additional capital required beyond the Pillar 1 regulatory minimum requirement.
Currently a maturity mismatch / stock approach is used to set a minimum regulatory liquidity requirement. Details of this approach are set out in the Commission's Guidance on Liquidity Risk Management. However, in 2017 this approach will be replaced with a Basel III-consistent Liquidity Coverage Ratio minimum requirement. Details of this approach are explained in the Commission's recent consultation paper.
Guernsey-incorporated subsidiary banks must meet the Finance Sector Code of Corporate Governance. The Code does not cover Guernsey branches of foreign-domiciled companies.
The Commission sets limits on the up-streaming of assets to the parent bank or other group entities. This policy is explained further in the Commission's Guidance Note on Up-Streaming.
The Commission's approach to outsourcing is explained in the Outsourcing Risk Guidance Note for Banks.
The Commission is the licensing authority under the Banking Supervision (Bailiwick of Guernsey) Law, 1994. This Law sets minimum criteria for licensing which the Commission must be satisfied are met prior to the granting of a licence. Prospective banking licence applicants should contact the Commission at an early stage to discuss application requirements.
Most banks in Guernsey are either wealth management banks or banks serving the local finance sector. However, there are also banks serving the local retail market - current accounts, mortgages, etc. All banks in Guernsey are part of wider banking groups and the Commission operates as a host regulator only.