Fewer pages, greater flexibility – but also less clarity? In this episode of Alles Legal, find out what the 9th MaRisk amendment really means for banks.
Focus on the 9th MaRisk Amendment
In this episode, Dana Wondra from Payment & Banking speaks with Jörg Streißle, Partner at Annerton, about the consultation on the 9th MaRisk amendment. The key question: does less regulation actually translate into less effort?
Proportionality as a guiding principle
A core aspect of the amendment is the stronger emphasis on proportionality. Regulatory requirements will increasingly depend on the size, complexity and risk profile of each institution.
The BaFin proposes four categories:
- Significant Institutions (SI) under direct ECB supervision
- Less Significant Institutions (LSI)
- Small institutions
- Very small institutions with a balance sheet total of up to EUR 1 billion
Smaller institutions in particular benefit from noticeable relief, for example through simplified governance structures and more flexible organisational requirements.
Greater flexibility – greater responsibility
By reducing the framework from 122 to 82 pages, the regulator aims to decrease complexity. However, this also shifts responsibility to the institutions themselves.
In practice, this means:
- Fewer detailed requirements
- More individual interpretation
- Increased need for documentation and justification
Risk management becomes a more strategic internal function rather than a checklist exercise.
Impact on larger institutions
Larger institutions are also affected, albeit to a lesser extent. While the core regulatory framework remains largely unchanged, there is some additional flexibility, particularly in risk assessment and management.
Conclusion: Transformation rather than reduction
The 9th MaRisk amendment does not simply reduce regulation – it changes its nature. Institutions gain flexibility but must assume greater responsibility.
Those who wish to benefit from the new freedoms will need to invest upfront – particularly in analysis, structure and documentation. In the long run, however, this may lead to real efficiency gains.
About this podcast
Alles Legal – Fintech Recht Kompakt delivers sharp, weekly insights into legal and compliance matters in the world of banking. (in German only)
This podcast is a collaboration between Payment & Banking and PayTechLaw.
Each Wednesday, we unpack the legal developments shaping the financial world – clearly, concisely, and without the legal jargon.
Since 2021, PayTechLaw authors and Annerton attorneys have brought depth and clarity to complex topics.
Whether it’s PSD3, DORA, or FiDA – we provide the legal context you need.
In 20 minutes. No detours.
