スペイン銀行からの、市中銀行への天下りを禁止?
Draghi aplaude la ampliación de las incompatibilidades del Banco de España
El BCE “celebra” que la reforma la haga el supervisor y no Guindos
La propuesta fija plazos de 6 meses, 1 año y dos años, según los casos
El supervisor europeo también regulará los conflictos de intereses por dos años
DESCARGABLE Dictamen del BCE sobre las incompatibilidades
Miguel Jiménez Madrid 27 MAR 2014 - 00:00 CET
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Draghi welcomed the expansion of the Bank of Spain incompatibilities
The ECB "celebrated" reform the supervisor and do not Guindos
The proposal sets deadlines for 6 months, 1 year and two years, as the case
The European supervisor also regulate conflicts of interest for two years
ECB Opinion DOWNLOADABLE incompatibilities
Miguel Jiménez Madrid 27 MAR 2014 - 00:00 CET
The European Central Bank (ECB ) believes that the proposed reform of senior incompatibilities referred to it by the Bank of Spain " will help to ensure the efficiency and independence of supervisory roles played " . The proposal came after the controversy over the signing of José María Roldán, former CEO of the Bank of Spain Regulation , as president of the Spanish Banking Association (AEB ) the employer's industry, which has finally been confirmed .
Following an announcement by the Minister of Economy, Luis de Guindos , in which the government would change the rules on incompatibilities , the Bank of Spain marked his territory warning that this decision was his competition. The Bank of Spain sent the proposal to the ECB to give his opinion. Now the opinion signed by the President of the ECB , Mario Draghi , celebrates " the draft resolution preserve the autonomy of the Bank of Spain in personnel matters , which is part of the principle of central bank independence ," that is , it the supervisor itself to decide on incompatibilities .
The Bank of Spain sent his proposal to reform the ECB to give your opinion
Draghi also said that the ECB itself is in the stage of establishing their own ethical procedures and deadlines for the prevention of possible conflicts of interest arising from the subsequent recruitment of another entity of the members of the Supervisory Board and ECB staff dedicated to activities supervision , also " in the next two years in office to cease ."
He adds that to avoid "substantial differences " between the rules and restrictions on conflicts of interest after leaving office that apply to members of the joint monitoring teams appointed by the ECB and the Bank appointed by Spain to play supervisory functions of the ECB, the Bank 's Rules of Spain should refer to the possibility of revising its provisions in accordance with those approved in Europe.
The new incompatibilities
The ECB opinion explains what the new regime of incompatibilities that has been designed by the Bank of Spain , which has not yet been published by the Spanish supervisor, but its substance was overtaken by El Pais . The Bank of Spain establishes two types of inconsistencies , one of six months, extendable to one year, and another two years.
So , first, the planned reform maintains the current absolute prohibition six months to the Secretary and the CEOs provide services to institutions supervised by the Bank of Spain , but also empowers the Executive Committee of the supervisor to enlarge the prohibition period to a total of twelve months if deemed necessary to prevent conflicts of interest.
The incompatibility is two years for companies related to the charge
Along with that, the internal rules of procedure for the treatment of general secretary and chief executives of the Bank of Spain is similar to that of other senior public sector in terms of limitations to pursue private activities after leaving office .
So , will join the internal regulations of the Bank of Spain 's two-year limitation on the general rules established for senior positions in the public sector can provide services to private companies after leaving office. This limitation shall apply not only to the governor and lieutenant governor , but also the general secretary and general managers . This is not an outright ban but a limitation applicable only in the case of private companies directly related to the position held . " It is considered that there is a direct relationship between a company and the position held at the Bank of Spain when the general secretary, the CEOs , the governing bodies proposal CEOs or owners of these bodies under delegated or replacement , have made decisions regarding the company , "summarizes the opinion of the ECB.
Of course, the limitation does not apply if the senior were returned to their previous IT companies to pursue unrelated to their positions at the Bank of Spain activities.
Moreover, in addition to being unable to work for those companies, nor can they be paid the Bank of Spain indirectly. The former general secretaries or CEOs may not " enter into agreements to provide technical assistance or other services to the Bank of Spain , either directly , or by contractors or subcontractors " nor by themselves or by third parties or companies in which they have a stake direct or indirect, of 10% .
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