In an effort to prevent another national
financial catastrophe, the government is to pass legislation giving the Bank of
Spain and the National Securities Commission (CNMV) broader powers to prevent
bank failures and fight illegal market speculation, sources said Thursday.
The new banking law, which is already in
the works, will give central bank governor Luis María Linde an arsenal of new
tools to expand his supervisory powers and the authority to impose fines of up
to five million euros against bankers and prevent them from receiving generous
severance packages when they leave their jobs. Under the legislation, the
governor will also be able to demand that any compensation he deems unfair be
returned to the banks.
As for the CNMV, the market watchdog will
be able to crack down on illegal speculation through the short selling of
stocks and credit-default swaps (CDS). The law will incorporate measures
already introduced by other European nations, such as Germany, which in May
2010 prohibited some short-selling transactions and CDS deals involving
euro-zone government bonds in an effort to curb the volatility of the debt
markets.
According to the bill being drafted — a
copy of which was obtained by EL PAÍS — the Bank of Spain will also have new
powers to intervene directly in financial institutions that do not follow
solvency regulations.
The 158 pages of the proposed reform were analyzed by the Cabinet last
Friday. The most striking changes to the existing legislation are the increases
of the amounts of fines that can be imposed on bankers who commit infractions.
Fines will be hiked from 500,000 euros to five million euros for felonies, and
up to 500,000 euros for lesser infractions.
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