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AI Summary of Article 93 Initial capital requirement on going concern
The own funds of an institution must never dip below the initial capital required at the time of its authorisation. Existing credit institutions as of 1 January 1993 that do not meet these capital requirements may continue operations provided their own funds remain above the highest level recorded since 22 December 1989.
In instances where control of such institutions changes hands, or a merger occurs, the resulting institution must comply with the initial capital requirements. Notably, competent authorities may override previous provisions to ensure solvency if deemed necessary.
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Article 93 Initial capital requirement on going concern
1. The own funds of an institution may not fall below the amount of initial capital required at the time of its authorisation.
2. Credit institutions that were already in existence on 1 January 1993, the amount of own funds of which do not attain the amount of initial capital required may continue to carry out their activities. In that event, the amount of own funds of those institutions may not fall below the highest level reached with effect from 22 December 1989.
3. [deleted]
4. Where control of an institution falling within the category referred to in paragraph 2 is taken by a natural or legal person other than the person who controlled the institution previously, the amount of own funds of that institution shall attain the amount of initial capital required.