+TITLE II TECHNICAL CRITERIA ON TRANSPARENCY AND DISCLOSURE
---+Article 435 Disclosure of risk management objectives and policies
------+Article 435 1.
------+Article 435 2.
---+Article 436 Disclosure of the scope of application
---+Article 437 Disclosure of own funds
---+Article 437a Disclosure of own funds and eligible liabilities
---+Article 438 Disclosure of own funds requirements and risk-weighted exposure amounts
---+Article 439 Disclosure of exposures to counterparty credit risk
---+Article 440 Disclosure of countercyclical capital buffers
---+Article 441 Disclosure of indicators of global systemic importance
---+Article 442 Disclosure of exposures to credit risk and dilution risk
---+Article 443 Disclosure of encumbered and unencumbered assets
---+Article 444 Disclosure of the use of the Standardised Approach
---+Article 445 Disclosure of exposures to market risk under the standardised approach
------+Article 445 1.
------+Article 445 2.
---+Article 445a Disclosure of CVA risk
------+Article 445a 1.
------+Article 445a 2.
------+Article 445a 3.
---+Article 446 Disclosure of operational risk
------+Article 446 1.
------+Article 446 2.
---+Article 447 Disclosure of key metrics
---+Article 448 Disclosure of exposures to interest rate risk on positions not held in the trading book
------+Article 448 1.
------+Article 448 2.
---+Article 449 Disclosure of exposures to securitisation positions
---+Article 449a Disclosure of environmental, social and governance risks (ESG risks)
------+Article 449a 1.
------+Article 449a 2.
------+Article 449a 3.
---+Article 449b Disclosure of aggregate exposure to shadow banking entities
---+Article 450 Disclosure of remuneration policy
------+Article 450 1.
------+Article 450 2.
---+Article 451 Disclosure of the leverage ratio
------+Article 451 1.
------+Article 451 2.
------+Article 451 3.
---+Article 451a Disclosure of liquidity requirements
------+Article 451a 1.
------+Article 451a 2.
------+Article 451a 3.
------+Article 451a 4.
---+Article 451b Disclosure of crypto-asset exposures and related activities
------+Article 451b 1.
------+Article 451b 2.
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TITLE II TECHNICAL CRITERIA ON TRANSPARENCY AND DISCLOSURE
TITLE II TECHNICAL CRITERIA ON TRANSPARENCY AND DISCLOSURE
1. Overview
| Summary |
Regulation |
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Article 435 Disclosure of risk management objectives and policies
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Article 436 Disclosure of the scope of application
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Article 436
Disclosure of the scope of application
Institutions shall disclose the following information regarding the scope of application of this Regulation as follows:
(a)
the name of the institution to which this Regulation applies;
(b)
a reconciliation between the consolidated financial statements prepared in accordance with the applicable accounting framework and the consolidated financial statements prepared in accordance with the requirements on regulatory consolidation pursuant to Sections 2 and 3 of Title II of Part One; that reconciliation shall outline the differences between the accounting and regulatory scopes of consolidation and the legal entities included within the regulatory scope of consolidation where it differs from the accounting scope of consolidation; the outline of the legal entities included within the regulatory scope of consolidation shall describe the method of regulatory consolidation where it is different from the accounting consolidation method, whether those entities are fully or proportionally consolidated and whether the holdings in those legal entities are deducted from own funds;
(c)
a breakdown of assets and liabilities of the consolidated financial statements prepared in accordance with the requirements on regulatory consolidation pursuant to Sections 2 and 3 of Title II of Part One, broken down by type of risks as referred to under this Part;
(d)
a reconciliation identifying the main sources of differences between the carrying value amounts in the financial statements under the regulatory scope of consolidation as defined in Sections 2 and 3 of Title II of Part One, and the exposure amount used for regulatory purposes; that reconciliation shall be supplemented by qualitative information on those main sources of differences;
(e)
for exposures from the trading book and the non-trading book that are adjusted in accordance with Article 34 and Article 105, a breakdown of the amounts of the constituent elements of an institution's prudent valuation adjustment, by type of risks, and the total of constituent elements separately for the trading book and non-trading book positions;
(f)
any current or expected material practical or legal impediment to the prompt transfer of own funds or to the repayment of liabilities between the parent undertaking and its subsidiaries;
(g)
the aggregate amount by which the actual own funds are less than required in all subsidiaries that are not included in the consolidation, and the name or names of those subsidiaries;
(h)
where applicable, the circumstances under which use is made of the derogation referred to in Article 7 or the individual consolidation method laid down in Article 9.
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Article 437 Disclosure of own funds
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Article 437
Institutions shall disclose the following information regarding their own funds:
(a)
a full reconciliation of Common Equity Tier 1 items, Additional Tier 1 items, Tier 2 items and the filters and deductions applied to own funds of the institution pursuant to Articles 32 to 36, 56, 66 and 79 with the balance sheet in the audited financial statements of the institution;
(b)
a description of the main features of the Common Equity Tier 1 and Additional Tier 1 instruments and Tier 2 instruments issued by the institution;
(c)
the full terms and conditions of all Common Equity Tier 1, Additional Tier 1 and Tier 2 instruments;
(d)
a separate disclosure of the nature and amounts of the following:
(i)
each prudential filter applied pursuant to Articles 32 to 35;
(ii)
items deducted pursuant to Articles 36, 56 and 66;
(iii)
items not deducted pursuant to Articles 47, 48, 56, 66 and 79;
(e)
a description of all restrictions applied to the calculation of own funds in accordance with this Regulation and the instruments, prudential filters and deductions to which those restrictions apply;
(f)
a comprehensive explanation of the basis on which capital ratios are calculated where those capital ratios are calculated by using elements of own funds determined on a basis other than the basis laid down in this Regulation.
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Article 437a Disclosure of own funds and eligible liabilities
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Article 437a
Disclosure of own funds and eligible liabilities
Institutions that are subject to Article 92a or 92b shall disclose the following information regarding their own funds and eligible liabilities:
(a)
the composition of their own funds and eligible liabilities, their maturity and their main features;
(b)
the ranking of eligible liabilities in the creditor hierarchy;
(c)
the total amount of each issuance of eligible liabilities instruments referred to in Article 72b and the amount of those issuances that is included in eligible liabilities items within the limits specified in Article 72b(3) and (4);
(d)
the total amount of excluded liabilities referred to in Article 72a(2).
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Article 438 Disclosure of own funds requirements and risk-weighted exposure amounts
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Article 438
Disclosure of own funds requirements and risk-weighted exposure amounts
Institutions shall disclose the following information regarding their compliance with Article 92 of this Regulation and with the requirements laid down in Article 73 and in point (a) of Article 104(1) of Directive 2013/36/EU:
(a)
a summary of their approach to assessing the adequacy of their internal capital to support current and future activities;
▼M17
(b)
the amount of the additional own funds requirements based on the supervisory review process as referred to in Article 104(1), point (a), of Directive 2013/36/EU to address risks other than the risk of excessive leverage and its composition;
▼M8
(c)
upon demand from the relevant competent authority, the result of the institution's internal capital adequacy assessment process;
▼M17
(d)
the total risk exposure amount as calculated in accordance with Article 92(3) and the corresponding own funds requirements as determined in accordance with Article 92(2), to be broken down by the different risk categories or risk exposure classes, as applicable, set out in Part Three and, where applicable, an explanation of the effect on the calculation of the own funds and risk-weighted exposure amounts that results from applying capital floors and not deducting items from own funds;
▼M17
(da)
where required to calculate the un-floored total risk exposure amount as calculated in accordance with Article 92(4), and the standardised total risk exposure amount as calculated in accordance with Article 92(5), to be broken down by the different risk categories or risk exposure classes, as applicable, set out in Part Three and, where applicable, an explanation of the effect on the calculation of own funds and risk-weighted exposure amounts that results from applying capital floors and not deducting items from own funds;
▼M17
(e)
the on- and off-balance-sheet exposures, the risk-weighted exposure amounts and associated expected losses for each category of specialised lending referred to in Article 153(5), Table 1, and the on- and off-balance-sheet exposures and risk-weighted exposure amounts for the categories of equity exposures set out in Article 133(3) to (6), and Article 495a(3);
▼M8
(f)
the exposure value and the risk-weighted exposure amount of own funds instruments held in any insurance undertaking, reinsurance undertaking or insurance holding company that the institutions do not deduct from their own funds in accordance with Article 49 when calculating their capital requirements on an individual, sub-consolidated and consolidated basis;
(g)
the supplementary own funds requirement and the capital adequacy ratio of the financial conglomerate calculated in accordance with Article 6 of Directive 2002/87/EC and Annex I to that Directive where method 1 or 2 set out in that Annex is applied;
(h)
the variations in the risk-weighted exposure amounts of the current disclosure period compared to the immediately preceding disclosure period that result from the use of internal models, including an outline of the key drivers explaining those variations.
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Article 439 Disclosure of exposures to counterparty credit risk
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Article 439
Disclosure of exposures to counterparty credit risk
Institutions shall disclose the following information regarding their exposure to counterparty credit risk as referred to in Chapter 6 of Title II of Part Three:
(a)
a description of the methodology used to assign internal capital and credit limits for counterparty credit exposures, including the methods to assign those limits to exposures to central counterparties;
(b)
a description of policies related to guarantees and other credit risk mitigants, such as the policies for securing collateral and establishing credit reserves;
(c)
a description of policies with respect to General Wrong-Way risk and Specific Wrong-Way risk as defined in Article 291;
(d)
the amount of collateral the institution would have to provide if its credit rating was downgraded;
(e)
the amount of segregated and unsegregated collateral received and posted per type of collateral, further broken down between collateral used for derivatives and securities financing transactions;
(f)
for derivative transactions, the exposure values before and after the effect of the credit risk mitigation as determined under the methods set out in Sections 3 to 6 of Chapter 6 of Title II of Part Three, whichever method is applicable, and the associated risk exposure amounts broken down by applicable method;
(g)
for securities financing transactions, the exposure values before and after the effect of the credit risk mitigation as determined under the methods set out in Chapters 4 and 6 of Title II of Part Three, whichever method is used, and the associated risk exposure amounts broken down by applicable method;
(h)
the exposure values after credit risk mitigation effects and the associated risk exposures for credit valuation adjustment capital charge, separately for each method as set out in Title VI of Part Three;
(i)
the exposure value to central counterparties and the associated risk exposures within the scope of Section 9 of Chapter 6 of Title II of Part Three, separately for qualifying and non-qualifying central counterparties, and broken down by types of exposures;
(j)
the notional amounts and fair value of credit derivative transactions; credit derivative transactions shall be broken down by product type; within each product type, credit derivative transactions shall be broken down further by credit protection bought and credit protection sold;
(k)
the estimate of alpha where the institution has received the permission of the competent authorities to use its own estimate of alpha in accordance with Article 284(9);
(l)
separately, the disclosures included in point (e) of Article 444 and point (g) of Article 452;
(m)
for institutions using the methods set out in Sections 4 to 5 of Chapter 6 of Title II Part Three, the size of their on- and off-balance-sheet derivative business as calculated in accordance with Article 273a(1) or (2), as applicable.
Where the central bank of a Member State provides liquidity assistance in the form of collateral swap transactions, the competent authority may exempt institutions from the requirements in points (d) and (e) of the first subparagraph where that competent authority considers that the disclosure of the information referred to therein could reveal that emergency liquidity assistance has been provided. For those purposes, the competent authority shall set out appropriate thresholds and objective criteria.
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Article 440 Disclosure of countercyclical capital buffers
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Article 440
Disclosure of countercyclical capital buffers
Institutions shall disclose the following information in relation to their compliance with the requirement for a countercyclical capital buffer as referred to in Chapter 4 of Title VII of Directive 2013/36/EU:
(a)
the geographical distribution of the exposure amounts and risk-weighted exposure amounts of its credit exposures used as a basis for the calculation of their countercyclical capital buffer;
(b)
the amount of their institution-specific countercyclical capital buffer.
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Article 441 Disclosure of indicators of global systemic importance
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Article 441
Disclosure of indicators of global systemic importance
G-SIIs shall disclose, on an annual basis, the values of the indicators used for determining their score in accordance with the identification methodology referred to in Article 131 of Directive 2013/36/EU.
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Article 442 Disclosure of exposures to credit risk and dilution risk
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Article 442
Disclosure of exposures to credit risk and dilution risk
Institutions shall disclose the following information regarding their exposures to credit risk and dilution risk:
(a)
the scope and definitions that they use for accounting purposes of ‘past due’ and ‘impaired’ and the differences, if any, between the definitions of ‘past due’ and ‘default’ for accounting and regulatory purposes;
(b)
a description of the approaches and methods adopted for determining specific and general credit risk adjustments;
(c)
information on the amount and quality of performing, non-performing and forborne exposures for loans, debt securities and off-balance-sheet exposures, including their related accumulated impairment, provisions and negative fair value changes due to credit risk and amounts of collateral and financial guarantees received;
(d)
an ageing analysis of accounting past due exposures;
(e)
the gross carrying amounts of both defaulted and non-defaulted exposures, the accumulated specific and general credit risk adjustments, the accumulated write-offs taken against those exposures and the net carrying amounts and their distribution by geographical area and industry type and for loans, debt securities and off-balance-sheet exposures;
(f)
any changes in the gross amount of defaulted on- and off-balance-sheet exposures, including, as a minimum, information on the opening and closing balances of those exposures, the gross amount of any of those exposures reverted to non-defaulted status or subject to a write-off;
(g)
the breakdown of loans and debt securities by residual maturity.
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Article 443 Disclosure of encumbered and unencumbered assets
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Article 443
Disclosure of encumbered and unencumbered assets
Institutions shall disclose information concerning their encumbered and unencumbered assets. For those purposes, institutions shall use the carrying amount per exposure class broken down by asset quality and the total amount of the carrying amount that is encumbered and unencumbered. Disclosure of information on encumbered and unencumbered assets shall not reveal emergency liquidity assistance provided by central banks.
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Article 444 Disclosure of the use of the Standardised Approach
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Article 444
Disclosure of the use of the Standardised Approach
Institutions calculating their risk-weighted exposure amounts in accordance with Chapter 2 of Title II of Part Three shall disclose the following information for each of the exposure classes set out in Article 112:
(a)
the names of the nominated ECAIs and ECAs and the reasons for any changes in those nominations over the disclosure period;
(b)
the exposure classes for which each ECAI or ECA is used;
(c)
a description of the process used to transfer the issuer and issue credit ratings onto items not included in the trading book;
(d)
the association of the external rating of each nominated ECAI or ECA with the risk weights that correspond to the credit quality steps as set out in Chapter 2 of Title II of Part Three, taking into account that it is not necessary to disclose that information where the institutions comply with the standard association published by EBA;
(e)
the exposure values and the exposure values after credit risk mitigation associated with each credit quality step as set out in Chapter 2 of Title II of Part Three, by exposure class, as well as the exposure values deducted from own funds.
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Article 445 Disclosure of exposures to market risk under the standardised approach
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Article 445a Disclosure of CVA risk
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Article 446 Disclosure of operational risk
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Article 447 Disclosure of key metrics
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Article 447
Disclosure of key metrics
Institutions shall disclose the following key metrics in a tabular format:
▼M17
(a)
the composition of their own funds and their risk-based capital ratios as calculated in accordance with Article 92(2);
▼M17
(aa)
where applicable, the risk-based capital ratios as calculated in accordance with Article 92(2), by using the un-floored total risk exposure amount instead of the total risk exposure amount;
▼M17
(b)
the total risk exposure amount as calculated in accordance with Article 92(3) and, where applicable, the un-floored total risk exposure amount as calculated in accordance with Article 92(4);
▼M8
(c)
where applicable, the amount and composition of additional own funds which the institutions are required to hold in accordance with point (a) of Article 104(1) of Directive 2013/36/EU;
▼M17
(d)
the combined buffer requirement which the institutions are required to hold in accordance with Chapter 4 of Title VII of Directive 2013/36/EU;
▼M8
(e)
their leverage ratio and the total exposure measure as calculated in accordance with Article 429;
(f)
the following information in relation to their liquidity coverage ratio as calculated in accordance with the delegated act referred to in Article 460(1):
(i)
the average or averages, as applicable, of their liquidity coverage ratio based on end-of-the-month observations over the preceding 12 months for each quarter of the relevant disclosure period;
(ii)
the average or averages, as applicable, of total liquid assets, after applying the relevant haircuts, included in the liquidity buffer pursuant to the delegated act referred to in Article 460(1), based on end-of-the-month observations over the preceding 12 months for each quarter of the relevant disclosure period;
(iii)
the averages of their liquidity outflows, inflows and net liquidity outflows as calculated pursuant to the delegated act referred to in Article 460(1), based on end-of-the-month observations over the preceding 12 months for each quarter of the relevant disclosure period;
(g)
the following information in relation to their net stable funding requirement as calculated in accordance with Title IV of Part Six:
(i)
the net stable funding ratio at the end of each quarter of the relevant disclosure period;
(ii)
the available stable funding at the end of each quarter of the relevant disclosure period;
(iii)
the required stable funding at the end of each quarter of the relevant disclosure period;
(h)
their own funds and eligible liabilities ratios and their components, numerator and denominator, as calculated in accordance with Articles 92a and 92b and broken down at the level of each resolution group, where applicable.
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Article 448 Disclosure of exposures to interest rate risk on positions not held in the trading book
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Article 449 Disclosure of exposures to securitisation positions
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Article 449
Disclosure of exposures to securitisation positions
Institutions calculating risk-weighted exposure amounts in accordance with Chapter 5 of Title II of Part Three or own funds requirements in accordance with Article 337 or 338 shall disclose the following information separately for their trading book and non-trading book activities:
(a)
a description of their securitisation and re-securitisation activities, including their risk management and investment objectives in connection with those activities, their role in securitisation and re-securitisation transactions, whether they use the simple, transparent and standardised securitisation (STS) as defined in point (10) of Article 242, and the extent to which they use securitisation transactions to transfer the credit risk of the securitised exposures to third parties with, where applicable, a separate description of their synthetic securitisation risk transfer policy;
(b)
the type of risks they are exposed to in their securitisation and re-securitisation activities by level of seniority of the relevant securitisation positions providing a distinction between STS and non-STS positions and:
(i)
the risk retained in own-originated transactions;
(ii)
the risk incurred in relation to transactions originated by third parties;
(c)
their approaches for calculating the risk-weighted exposure amounts that they apply to their securitisation activities, including the types of securitisation positions to which each approach applies and with a distinction between STS and non-STS positions;
(d)
a list of SSPEs falling into any of the following categories, with a description of their types of exposures to those SSPEs, including derivative contracts:
(i)
SSPEs which acquire exposures originated by the institutions;
(ii)
SSPEs sponsored by the institutions;
(iii)
SSPEs and other legal entities for which the institutions provide securitisation-related services, such as advisory, asset servicing or management services;
(iv)
SSPEs included in the institutions' regulatory scope of consolidation;
(e)
a list of any legal entities in relation to which the institutions have disclosed that they have provided support in accordance with Chapter 5 of Title II of Part Three;
(f)
a list of legal entities affiliated with the institutions and that invest in securitisations originated by the institutions or in securitisation positions issued by SSPEs sponsored by the institutions;
(g)
a summary of their accounting policies for securitisation activity, including where relevant a distinction between securitisation and re-securitisation positions;
(h)
the names of the ECAIs used for securitisations and the types of exposure for which each agency is used;
(i)
where applicable, a description of the Internal Assessment Approach as set out in Chapter 5 of Title II of Part Three, including the structure of the internal assessment process and the relation between internal assessment and external ratings of the relevant ECAI disclosed in accordance with point (h), the control mechanisms for the internal assessment process including discussion of independence, accountability, and internal assessment process review, the exposure types to which the internal assessment process is applied and the stress factors used for determining credit enhancement levels;
(j)
separately for the trading book and the non-trading book, the carrying amount of securitisation exposures, including information on whether institutions have transferred significant credit risk in accordance with Articles 244 and 245, for which institutions act as originator, sponsor or investor, separately for traditional and synthetic securitisations, and for STS and non-STS transactions and broken down by type of securitisation exposures;
(k)
for the non-trading book activities, the following information:
(i)
the aggregate amount of securitisation positions where institutions act as originator or sponsor and the associated risk-weighted assets and capital requirements by regulatory approaches, including exposures deducted from own funds or risk weighted at 1 250 %, broken down between traditional and synthetic securitisations and between securitisation and re-securitisation exposures, separately for STS and non-STS positions, and further broken down into a meaningful number of risk-weight or capital requirement bands and by approach used to calculate the capital requirements;
(ii)
the aggregate amount of securitisation positions where institutions act as investor and the associated risk-weighted assets and capital requirements by regulatory approaches, including exposures deducted from own funds or risk weighted at 1 250 %, broken down between traditional and synthetic securitisations, securitisation and re-securitisation positions, and STS and non-STS positions, and further broken down into a meaningful number of risk weight or capital requirement bands and by approach used to calculate the capital requirements;
(l)
for exposures securitised by the institution, the amount of exposures in default and the amount of the specific credit risk adjustments made by the institution during the current period, both broken down by exposure type.
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Article 449a Disclosure of environmental, social and governance risks (ESG risks)
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Article 449b Disclosure of aggregate exposure to shadow banking entities
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Article 449b
Disclosure of aggregate exposure to shadow banking entities
Institutions shall disclose the information concerning their aggregate exposure to shadow banking entities, as referred to in Article 394(2), second subparagraph.
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Article 450 Disclosure of remuneration policy
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Article 451 Disclosure of the leverage ratio
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Article 451a Disclosure of liquidity requirements
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Article 451b Disclosure of crypto-asset exposures and related activities
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1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
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