Consultation on draft Regulatory Technical Standards on own funds requirements for investment firms based on fixed overheads

The European Banking Authority (EBA) launches today a consultation on draft Regulatory Technical Standards (RTS) on own funds requirements for investment firms based on fixed overheads. These RTS will be part of the Single Rulebook aimed at enhancing regulatory harmonisation in the banking sector in Europe. The consultation runs until 30 September 2013.

The purpose of these RTS is to harmonise the calculation of capital requirements for investment firms with limited authorisation to provide investment services, as well as to harmonise the conditions under which competent authorities can make adjustments to such requirements. To this end, the draft RTS also provide a definition of fixed overheads.

For the calculation of the fixed overheads, these draft RTS propose the so-called ‘subtractive’ approach whereby variable cost items are deducted from the total expenses as calculated according to the applicable accounting framework. They propose to also include the use of tied agents, since a tied agent exposes an investment firm to the same risk it is exposed to when it carries out business on its own.

Consultation process

Comments to this consultation can be sent to the EBA by clicking on the "send your comments" button on the consultation page. Please note that the deadline for the submission of comments is 30 September 2013.

All contributions received will be published following the close of the consultation, unless requested otherwise.

A public hearing will take place at the EBA premises on 5 September 2013 from 13:00 to 15:00 hours UK time.

Legal basis

The proposed draft RTS have been developed on the basis of Regulation (EU) 575/2013 (Capital Requirements Regulation – CRR) in consultation with the European Securities and Markets Authority (ESMA). ESMA will be consulted again before the finalisation of these draft RTS so as to ensure a consistent framework for investment firms. The EBA is expected to submit these draft RTS to the European Commission for endorsement by 1 March 2014.