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Article 96 - Own funds requirements for investment firms which hold initial capital as laid down in Article 28(2) of Directive 2013/36/EU

Comparing 09/07/2024 → 01/01/2025: 0 added, 0 removed, 1 changed Close comparison

1.For the purposes of Article 92(3), the following categories of investment firm which hold initial capital in accordance with Article 28(2) of Directive 2013/36/EU shall use the calculation of the total risk exposure amount specified in paragraph 2 of this Article:

(a)investment firms that deal on own account only for the purpose of fulfilling or executing a client order or for the purpose of gaining entrance to a clearing and settlement system or a recognised exchange when acting in an agency capacity or executing a client order;

(b)investment firms that meet all the following conditions:

(i)they do not hold client money or securities;

(ii)they undertake only dealing on own account;

(iii)they have no external customers;

(iv)their execution and settlement transactions take place under the responsibility of a clearing institution and are guaranteed by that clearing institution.

2.For investment firms referred to in paragraph 1, total risk exposure amount shall be calculated as the sum of the following:

(a)Article 92(4), points (a) to (d)(e) and (f)point of Article 92(3)(g), after applying Article 92(4);92(6);

(b)the amount referred to in Article 97 multiplied by 12,5.

3.Investment firms referred to in paragraph 1 are subject to all other provisions regarding operational risk laid down in Title VII, Chapter 3, Section II, Sub-section 1 of Directive 2013/36/EU.

Official text · consolidated version 01/01/2025 (no longer in force) Open full page ↗
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