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K-CON own fund requirements

How should the K-CON requirement be calculated under Article 39 of Regulation (EU) 2019/2033?   

Legal act: Regulation (EU) No 2019/2033 (IFR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2022_6473 | Topic: Concentration risk | Date of submission: 03/06/2022 | Date of publication: 28/04/2023

Valuation of ASA: financial instruments with a negative fair value

What should be the treatment of the financial instruments with a negative fair value for the purposes of the measurement of client financial instruments safeguarded and administered (ASA)?

Legal act: Regulation (EU) No 2019/2033 (IFR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2022_6449 | Topic: K-factor requirements | Date of submission: 16/05/2022 | Date of publication: 11/11/2022

Definition and scope of Asset Under Management

Are assets for which the investment firm provides account aggregation services (outside of the MiFID authorisation scope) to be included in the AUM calculation?  

Legal act: Regulation (EU) No 2019/2033 (IFR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2022_6418 | Topic: K-factor requirements | Date of submission: 31/03/2022 | Date of publication: 11/11/2022

Scope of COH definition under IFR

Are pure intermediation transactions processed in name give-up taken into account in the K-COH calculations?

Legal act: Regulation (EU) No 2019/2033 (IFR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_6316 | Topic: K-factor requirements | Date of submission: 16/12/2021 | Date of publication: 11/11/2022

Scope of ASA definition under IFR

Should all of the assets for which an investment firm provides depositary services (under 2011/61/EU Directive) be included in the definition of assets safeguarded and administered (ASA)?

Legal act: Regulation (EU) No 2019/2033 (IFR)

COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable

ID: 2021_5864 | Topic: K-factor requirements | Date of submission: 20/05/2021 | Date of publication: 15/07/2022