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AI Summary of Article 95 Own funds requirements for investment firms with limited authorisation to provide investment services
This document outlines provisions under Article 92(3) concerning investment firms not authorised for specific investment services as per Directive 2004/39/EC. Such firms are mandated to calculate their total risk exposure amount in accordance with specified directives, using either a total of identified items or a calculated multiplier of 12.5 times another specified amount.
Furthermore, the competent authorities retain the discretion to impose own funds requirements that reflect national transposition measures effective as of 31 December 2013, thereby ensuring alignment with broader regulatory frameworks regarding operational risk, as delineated in Directive 2013/36/EU.
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Article 95 Own funds requirements for investment firms with limited authorisation to provide investment services
1. For the purposes of Article 92(3), investment firms that are not authorised to provide the investment services and activities listed in points (3) and (6) of Section A of Annex I to Directive 2004/39/EC shall use the calculation of the total risk exposure amount specified in paragraph 2.
2. Investment firms referred to in paragraph 1 of this Article and firms referred to in point (2)(c) of Article 4(1) that provide the investment services and activities listed in points (2) and (4) of Section A of Annex I to Directive 2004/39/EC shall calculate the total risk exposure amount as the higher of the following:
(a) the sum of the items referred to in Article 92(4), points (a) to (e) and point (g), after applying Article 92(6);
(b) 12,5 multiplied by the amount specified in Article 97.
Firms referred to in point (2)(c) of Article 4(1) that provide the investment services and activities listed in points (2) and (4) of Section A of Annex I to Directive 2004/39/EC shall meet the requirements in Article 92(1) and (2) based on the total risk exposure amount referred to in the first subparagraph.