AI Summary of Article 45 Application and calculation of the minimum requirement for own funds and eligible liabilities
Member States shall ensure that institutions and entities in Article 1(1)(b), (c) and (d) meet at all times the own funds and eligible liabilities requirements determined by the resolution authority under this Article and Articles 45a to 45i. The requirement in paragraph 1 shall be calculated in accordance with Article 45c(3), (5) or (7) and expressed as percentages of: (a) the total risk exposure amount of the relevant entity (Article 92(3) of Regulation (EU) No 575/2013); and (b) the total exposure measure of the relevant entity (Articles 429 and 429a of Regulation (EU) No 575/2013).
In accordance with Article 65(4) of Regulation (EU) 2019/2033, references to Article 92 of Regulation (EU) No 575/2013 for individual own funds requirements of investment firms referred to in point 3 of Article 2(1) of this Directive, which are not firms referred to in Article 1(2) or (5) of Regulation (EU) 2019/2033, shall be construed as follows: (a) references to Article 92(1)(c) as regards the total capital ratio requirement shall refer to Article 11(1) of Regulation (EU) 2019/2033; and (b) references to Article 92(3) as regards the total risk exposure amount shall refer to the applicable requirement in Article 11(1) multiplied by 12,5. In accordance with Article 65 of Directive (EU) 2019/2034, references to Article 104a of Directive 2013/36/EU as regards additional own funds requirements of those investment firms shall be construed as referring to Article 40 of Directive (EU) 2019/2034.
Article 45 Application and calculation of the minimum requirement for own funds and eligible liabilities
1. Member States shall ensure that institutions and entities referred to in Article 1(1), points (b), (c) and (d), meet, at all times, the requirements for own funds and eligible liabilities where required and as determined by the resolution authority in accordance with this Article and Articles 45a to 45i.
2. The requirement referred to in paragraph 1 of this Article shall be calculated in accordance with Article 45c(3), (5) or (7), as applicable, as the amount of own funds and eligible liabilities and expressed as percentages of:
(a) the total risk exposure amount of the relevant entity referred to in paragraph 1 of this Article, calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013; and
(b) the total exposure measure of the relevant entity referred to in paragraph 1 of this Article, calculated in accordance with Articles 429 and 429a of Regulation (EU) No 575/2013.