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Annex I - RULES AND GUIDANCE

Annex I
RULES AND GUIDANCE

RULES AND GUIDANCE

List of templates

PART 1

Transposition of Directive (EU) 2019/2034

PART 2

Model approval

PART 3

Specific disclosure requirements applied to investment firms

PART 4

Regulatory reporting

General remarks on filling in templates in Annex I

When publishing information on the general criteria and methodologies, competent authorities shall not disclose any supervisory measures directed at specific investment firms, whether taken with respect to a single investment firm or to a group of investment firms.

PART 1

Transposition of Directive (EU) 2019/2034

Transposition of provisions of Directive (EU) 2019/2034

Provisions of Directive (EU) 2019/2034

Links to national text (1)

Reference(s) to national provisions (2)

Available in EN (Y/N)

010

Date of the last update of information in these templates

(dd/mm/yyyy)

020

I Subject matter, scope and definitions

Articles 1 to 3

030

II Competent authorities

Articles 4 to 8

040

III Initial capital

Articles 9 to 11

050

IV Prudential supervision

060

CHAPTER 1 - Principles of prudential supervision

070

Section 1 - Competences and duties of home and host Member States

Articles 12 to 14

080

Section 2 - Professional secrecy and duty to report

Articles 15 to 17

090

Section 3 - Sanctions, investigatory powers and right of appeal

Articles 18 to 23

100

CHAPTER 2 - Review process

110

Section 1 - Internal capital adequacy assessment process and internal risk

Article 24

120

Section 2 - Internal governance, transparency, treatment of risks and remuneration

Articles 25 to 35

130

Section 3 - Supervisory review and evaluation process

Articles 36 to 37

140

Section 4 - Supervisory measures and powers

Articles 38 to 45

150

CHAPTER 3 - Supervision of investment firm groups

160

Section 1 - Supervision of investment firm groups on a consolidated basis and supervision of compliance with the group capital test

Articles 46 to 50

170

Section 2 - Investment holding companies, mixed financial holding companies and mixed-activity holding companies

Articles 51 to 56

180

TITLE V - PUBLICATION BY COMPETENT AUTHORITIES

Article 57

190

TITLE VI - DELEGATED ACTS

Article 58

200

TITLE VII - AMENDMENTS TO OTHER DIRECTIVES

Articles 59 to 64

210

TITLE VIII - FINAL PROVISIONS

Articles 65 to 69

(1) Hyperlink(s) to the website containing the national text transposing the provision of Union law in question. (2) Detailed references to the provision of national law, such as relevant Title, Chapter, paragraph etc.

PART 2

Model approval (1)

010

Date of the last update of information in this template

(dd/mm/yyyy)

Description of the approach

020

Supervisory approach for the approval of the use of alternative Internal Model Approach (IMA) to calculate minimum capital requirements for market risk

030

Minimum documentation to be provided by the investment firm applying for the use of alternative IMA

[free text]

040

Description of the assessment process conducted by the competent authority (use of self-assessment, reliance on external auditors and on-site-inspections) and main criteria of the assessment

[free text]

050

Form of the decisions taken by the competent authority and communication of the decisions to applicants

[free text]

PART 3

Specific disclosure requirements applied to investment firms

Directive (EU) 2019/2034

Provision

Information to be provided by the competent authority

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Article 44(a)

Competent authorities have the power to require investment firms that do not meet the conditions for qualifying as small and non-interconnected investment firms set out in Article 12(1) of Regulation (EU) 2019/2033 and investment firms referred to in Article 46(2) of Regulation (EU) 2019/2033 to publish the information referred to in Article 46 of that regulation more than once a year and to set deadlines for that publication;

Frequency and deadlines for publication applicable to investment firms

[free text]

030

Article 44(b)

Competent authorities may require investment firms that do not meet the conditions for qualifying as small and non-interconnected investment firms set out in Article 12(1) of Regulation (EU) 2019/2033 and investment firms referred to in Article 46(2) of Regulation (EU) 2019/2033 to use specific media and locations, in particular the investment firms’ websites, for publications other than the financial statements;

Types of specific media to be used by investement firms

[free text]

040

Article 44(c)

Competent authorities may require parent undertakings to publish annually, either in full or by way of references to equivalent information, a description of their legal structure and governance and organisational structure of the investment firm group in accordance with Article 26(1) of this Directive and with Article 10 of Directive 2014/65/EU.

Investment firm group parent's legal structure and governance and organisational structure

[free text]

PART 4

Regulatory reporting

010

Date of the last update of information in this template

(dd/mm/yyyy)

020

Implementation of the reporting on financial information in accordance with Commission Implementing Regulation XXX/2021

030

Are XBRL standards used for submitting the reporting to the competent authority?

[Yes/No]

Official text · consolidated version 10/12/2023 (in force) Open full page ↗
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