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Breadcrumb

  1. Home
  2. Single Rulebook Q&A
  3. 2024_7037 Management of the Trading Book - Active Anti-Fraud Procedures and Controls
Question ID
2024_7037
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Market risk
Article
103
Paragraph
b
Subparagraph
vi
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
N/A
Type of submitter
Investment firm
Subject matter
Management of the Trading Book - Active Anti-Fraud Procedures and Controls
Question

Under Article 103(2), point (b)(vi), CRR, there is a requirement that institutions shall have active anti-fraud procedures and controls. Could you please provide clarification on the specific types of fraud that should be considered with respect to the trading book? Can this be considered to effectively cross-refer to the requirements of Regulation (EU) No 596/2014 on market abuse or are there other areas which need to also be considered?

Background on the question

There is no clarity on the types of fraud which should be considered and therefore the scope of procedures and control requirements which firms should have in place is ambiguous

Submission date
13/03/2024
Rejected publishing date
04/04/2024
Rationale for rejection

If a term is not defined in the legislative acts referred to in Article 1(2) of the EBA’s founding Regulation, as well as associated delegated and implementing acts, and guidelines and recommendations, adopted under these legislative acts the Q&A process cannot be used to provide a formal, legal definition. Non-defined terms must be interpreted - by institutions and subject to overall supervision carried out by competent authorities - according to the general meaning of the terms used, together with other recognised interpretative methods, such as contextual interpretation and by identifying the objective of the concerned provisions. For further information on the purpose of this tool and on how to submit questions, please see 'Additional background and guidance for asking questions'.

Status
Rejected question

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