+Article 104 1.

Article 104 1.

►M11  For the purposes of Article 97, Article 98(1), (4), (5), (9) and (10), Article 101(4) and Article 102 of this Directive and of the application of Regulation (EU) No 575/2013, competent authorities shall have at least the power to: ◄

(a) 

require institutions to have additional own funds in excess of the requirements set out in Regulation (EU) No 575/2013, under the conditions set out in Article 104a of this Directive;

(b) 

require the reinforcement of the arrangements, processes, mechanisms and strategies implemented in accordance with Articles 73 and 74;

(c) 

require institutions to submit a plan to restore compliance with supervisory requirements pursuant to this Directive and to Regulation (EU) No 575/2013 and set a deadline for its implementation, including improvements to that plan regarding scope and deadline;

(d) 

require institutions to apply a specific provisioning policy or treatment of assets in terms of own funds requirements;

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(e) 

restrict or limit the business, including with regard to the acceptance of deposits, the operations or network of institutions or to request the divestment of activities that pose excessive risks to the soundness of an institution;

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(f) 

require the reduction of the risk inherent in the activities, products and systems of institutions, including outsourced activities;

(g) 

require institutions to limit variable remuneration as a percentage of net revenues where it is inconsistent with the maintenance of a sound capital base;

(h) 

require institutions to use net profits to strengthen own funds;

(i) 

restrict or prohibit distributions or interest payments by an institution to shareholders, members or holders of Additional Tier 1 instruments where the prohibition does not constitute an event of default of the institution;

(j) 

impose additional or more frequent reporting requirements, including reporting on own funds, liquidity and leverage;

(k) 

impose specific liquidity requirements, including restrictions on maturity mismatches between assets and liabilities;

(l) 

require additional disclosures;

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(m) 

require institutions to reduce the risks arising in the short, medium and long term from ESG factors, including those arising from the process of adjustment and from transition trends in the context of the relevant Union, Member States or third-country legal and regulatory objectives, through adjustments to their business strategies, governance and risk management for which a reinforcement of the targets, measures, and actions included in their plans to be prepared in accordance with Article 76(2) could be requested;

(n) 

require institutions to undertake stress testing or scenario analysis to assess risks arising from crypto-asset exposures and from the provision of crypto-asset services;

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(o) 

require institutions, where the competent authority considers that there is excessive concentration risk arising from exposures towards a central counterparty, to reduce exposures towards that central counterparty or to realign exposures across their clearing accounts in accordance with Article 7a of Regulation (EU) No 648/2012.

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1. Übersicht

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Bezeichnung Regulierung

1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

Anforderungen
Quelle Anforderung

3. Zugehörige Standards

Standards
Quelle Anforderung