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Financial Market Infrastructure (FMI) Legal & Oversight Frameworks

Banking, Insurance and Financial Services November 30, 2025
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Introduction

Financial Market Infrastructures (FMIs)—including payment systems, central counterparties (CCPs), and securities settlement systems—are the arteries of the global financial system and require rigorous legal and regulatory oversight. This course offers a deep dive into the **legal and oversight frameworks** governing FMIs, centered on the globally recognized CPMI-IOSCO **Principles for Financial Market Infrastructures (PFMI)**. Participants will analyze the central bank's roles as operator, supervisor, and overseer, focusing on the legal basis for finality of settlement, netting enforceability, and recovery/resolution planning. The program is essential for policy makers and legal professionals who need to ensure that national frameworks meet international standards, providing the stability and confidence necessary for effective financial intermediation and policy implementation.

Objectives

Upon completion of this course, participants will be able to:

  • Analyze the legal definition, categorization, and **systemic importance** of various types of Financial Market Infrastructures (FMIs).
  • Explain and apply the **CPMI-IOSCO Principles for Financial Market Infrastructures (PFMI)** to different FMI types (e.g., RTGS, CCPs).
  • Understand the legal basis for **finality of settlement** and the enforceability of netting arrangements across jurisdictions.
  • Evaluate the central bank's triple role as **operator, overseer, and user** of FMIs and the management of potential conflicts.
  • Examine the legal and policy frameworks for FMI **Recovery and Resolution Planning (RRP)**.
  • Assess the legal and regulatory challenges of emerging FMIs, such as DLT-based payment systems and CBDCs.
  • Formulate a framework for national self-assessment and compliance with the PFMI.
  • Analyze the legal risks associated with cross-border FMI links and interoperability arrangements.

Target Audience

  • Legal Counsel and Compliance Officers at Central Banks and Regulatory Agencies.
  • FMI Oversight and Policy Specialists.
  • Heads of Payments Systems and Securities Settlement Departments.
  • Banking Supervisors and Financial Stability Analysts.
  • Senior Management involved in International Regulatory Standards.
  • Internal Auditors focused on FMI Governance and Compliance.

Methodology

  • Moot Court Simulation: Debate on Legal Finality of Settlement during a Crisis
  • Group Activities on Assessing a Hypothetical FMI against the PFMI Principles
  • Case Studies on FMI Recovery and Resolution Plans and Stress Scenarios
  • Expert Lectures on Cross-Border Netting Enforceability and Collateral Law
  • Discussions on Managing the Conflict of Interest in the Central Bank's FMI Roles
  • Individual Assignments on Drafting a National FMI Oversight Policy Statement

Personal Impact

  • Acquisition of deep, specialized knowledge in the legal and policy frameworks for critical financial infrastructure.
  • Enhanced ability to interpret and apply complex international standards (PFMI) to national law.
  • Improved strategic input on FMI governance, risk control, and resolution planning.
  • Development of skills to manage legal risks associated with netting, collateral, and new technology.
  • Increased professional credibility in the domain of FMI law and regulatory oversight.
  • Better decision-making on the legal robustness and stability of payment systems.

Organizational Impact

  • Ensuring **national compliance** with globally recognized standards for FMI (PFMI).
  • Strengthening the legal certainty and enforceability of settlement and netting arrangements.
  • Enhancement of the central bank's FMI oversight framework and supervisory effectiveness.
  • Improved preparedness for FMI failure through robust Recovery and Resolution Plans.
  • Better management of systemic risk and increased confidence in the financial system's plumbing.
  • Clearer policy for navigating the legal challenges posed by DLT and other new technologies.

Course Outline

Unit 1: FMI Categorization and Legal Foundations

Defining the System:
  • Defining FMIs: payment systems, CSDs, SSSs, CCPs, and Trade Repositories.
  • Legal mandate for FMI operation and oversight: central bank authority and legislative acts.
  • The legal basis for **settlement finality** (e.g., PSS Directives) and the time of settlement irrevocability.
  • Analysis of netting and collateral enforceability under national and cross-border laws.
  • Case studies on legal challenges to FMI settlement finality during crises.

Unit 2: The Principles for Financial Market Infrastructures (PFMI)

Global Standards:
  • Detailed review of the PFMI's risk management principles (credit, liquidity, operational risk).
  • The governance and transparency principles (PFMI 2-4) and their application.
  • The principles relating to default management, margin, and collateral (PFMI 5-9).
  • Implementation challenges and policy options for achieving compliance with the PFMI.
  • The role of the PFMI in promoting financial stability and efficiency.

Unit 3: Oversight Framework and Central Bank Roles

Governance and Accountability:
  • The central bank's oversight mandate: objectives, scope, and tools (e.g., regulation, inspection, sanction).
  • Managing the potential **conflict of interest** when the central bank is both the operator (RTGS) and the overseer.
  • The relationship between FMI oversight and micro-prudential supervision.
  • Regulatory reporting and disclosure requirements for systemically important FMIs.
  • International coordination on FMI oversight and cross-border risk management.

Unit 4: FMI Recovery and Resolution (R&R)

Crisis Preparedness:
  • The concept of FMI **Recovery and Resolution Planning (RRP)** and its regulatory mandate.
  • Developing credible and testable recovery strategies for FMI operators (e.g., loss allocation, liquidity tools).
  • Resolution tools for FMIs and the resolution authority's legal powers.
  • The role of the central bank in providing financial support to an FMI in resolution.
  • Cross-border RRP challenges and information sharing protocols.

Unit 5: Legal Challenges of New FMI Technology

Innovation and Law:
  • Assessing the legal status of **tokenized assets** and DLT-based settlement finality.
  • Legal and policy implications of Central Bank Digital Currency (CBDC) for existing FMI laws.
  • Regulatory sandbox models and the legal framework for testing new FMI technologies.
  • Legal issues of data sovereignty, privacy, and cyber security in a distributed ledger environment.
  • Future-proofing FMI laws to accommodate continuous technological innovation.

Ready to Learn More?

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Upcoming Sessions

09 Feb

Doha

February 09, 2026 - February 11, 2026

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02 Mar

Paris

March 02, 2026 - March 04, 2026

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