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New version applies from 18/05/2004 — introduced by Markets in Financial Instruments Directive (MIFID), Commission Directive 2004/69/EC. 147 provisions change. Later versions: 13/04/2005, 29/03/2006, 20/07/2006. Article 38 changes in this version: compare with the current text.

Article 38 - Deductions and limits

Article 38
Deductions and limits

1.The items referred to in points (4) to (8) of Article 34(2), shall be subject to the following limits: (a) the total of the items in points (4) to (8) may not exceed a maximum of 100 % of the items in points (1) plus (2) and (3) minus (9), (10) and (11); (b) the total of the items in points (7) and (8) may not exceed a maximum of 50 % of the items in points (1) plus (2) and (3) minus (9), (10) and (11); (c) the total of the items in points (12) and (13) shall be deducted from the total of the items.

2.The competent authorities may authorise credit institutions to exceed the limit laid down in paragraph 1 in temporary and exceptional circumstances.

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