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

This summary outlines the applicable criteria for specific categories of investment firms under Article 92(3). It delineates two key classifications: (a) firms that execute client orders solely to access clearing systems or exchanges, and (b) firms that do not hold client funds or securities, engage only in proprietary trading, and operate under the oversight of a clearing institution.

The total risk exposure for these firms is calculated by combining risk components as specified in Article 92 and a multiplied figure from Article 97. Furthermore, these firms must adhere to provisions concerning operational risk as defined in Title VII of Directive 2013/36/EU.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - 25 June 2026
Version 5 of 6

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

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: