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AI Summary of Article 104 Inclusion in the trading book

This regulation mandates institutions to establish and document clear policies for categorising positions within their trading and non-trading books, in line with specified risk management frameworks. An independent risk control function must continually assess proper assignment of instruments to mitigate risks associated with trading positions.

Certain instruments are explicitly included in the trading book—e.g., those with trading intent or market-making activities. Conversely, positions like unlisted equities, real estate holdings, and certain derivatives are prohibited. Institutions may seek approval from their competent authority for nuanced assignments, underscoring the need for rigorous compliance and justification processes.

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

Article 104 Inclusion in the trading book

1. An institution shall have in place clearly defined policies and procedures for determining which positions to include in the trading book to calculate its own funds requirements, in accordance with Article 102 and this Article, taking into account its risk management capabilities and practices. An institution shall fully document its compliance with those policies and procedures, shall subject them to an internal audit on at least a yearly basis and shall make the results of that audit available to the competent authorities.

An institution shall have in place an independent risk control function which shall evaluate, on an ongoing basis, whether its instruments are being properly assigned to the trading book or the non-trading book.

2. Institutions shall assign positions in the following instruments to the trading book:

(a) instruments that meet the criteria set out in Article 325(6), (7) and (8), for the inclusion in the alternative correlation trading portfolio (ACTP);