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AI Summary of Article 94 Derogation for small trading book business

This regulation permits institutions to calculate their own funds requirements for trading-book activities, under specific conditions. Institutions may apply this method if their on- and off-balance-sheet trading-book businesses do not exceed 5% of total assets or EUR 50 million, assessed monthly. If these thresholds are met, certain positions, particularly equities and credit derivatives, can be exempt from traditional capital requirements, allowing for a potentially simplified regulatory approach.

Institutions must perform accurate calculations based on market values and notify the competent authorities of any changes in their compliance status. Non-compliance may require a return to conventional capital calculations unless a full year of meeting the conditions is demonstrated.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 7 of 7

Article 94 Derogation for small trading book business

1.By way of derogation from Article 92(4), point (b), and Article 92(5), point (b), institutions may calculate the own funds requirement for their trading-book business in accordance with paragraph 2 of this Article, provided that the size of the institutions' on- and off-balance-sheet trading-book business is equal to or less than both of the following thresholds on the basis of an assessment carried out on a monthly basis using the data as of the last day of the month:

(a) 5 % of the institution's total assets;

(b) EUR 50 million.

2. Where both conditions set out in points (a) and (b) of paragraph 1 are met, institutions may calculate the own funds requirement for their trading-book business as follows: