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AI Summary of Article 104c Treatment of foreign exchange risk hedges of capital ratios

This document outlines the conditions under which an institution may exclude certain risk positions from its own funds requirements for market risk, specifically in relation to foreign exchange risks impacting capital ratios. To qualify for this exclusion, institutions must limit the excluded risk to the extent that it neutralises sensitivity to adverse foreign exchange movements, maintain this exclusion for a minimum of six months, and establish a robust risk management framework encompassing a clear hedging strategy.

Furthermore, the institution must obtain consent from the competent authority and provide thorough justification for the exclusion, including details about the risk position. Consistency in application of these exclusions is mandated, and the European Banking Authority will develop regulatory standards to guide institutions in their compliance efforts by mid-2026.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 3 of 3

Article 104c Treatment of foreign exchange risk hedges of capital ratios

1. An institution which has deliberately taken a risk position in order to hedge, at least partially, against adverse movements in foreign exchange rates on any of its capital ratios as referred to in Article 92(1), points (a), (b) and (c), may, subject to the permission of its competent authority, exclude that risk position from the own funds requirements for foreign exchange risk referred to in Article 325(1), provided that all of the following conditions are met:

(a) the maximum amount of the risk position that is excluded from the own funds requirements for market risk is limited to the amount of the risk position that neutralises the sensitivity of any of the capital ratios to the adverse movements in foreign exchange rates;

(b) the risk position is excluded from the own funds requirements for market risk for at least six months;