294. Where an investment firm that does not meet the conditions for qualifying as small and …

Where an investment firm that does not meet the conditions for qualifying as small and non-interconnected set out in Article 12(1) of Regulation (EU) 2019/2033, repeatedly fails to establish or maintain an adequate level of own funds to cover the guidance on additional own funds communicated in accordance with Article 41(1) of Directive (EU) 2019/2034, competent authorities should set additional own funds requirement to cover that additional risk not later than two years after the breach of guidance. Competent authorities may postpone that decision where they allow the investment firm to operate below the level of guidance due to cyclical economic fluctuations or other firm-specific circumstances.

1. Overview

1.1 References

• Article 12 1.
• Article 41 1.

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

• EBA - Published by the European Banking Authority at https://www.eba.europa.eu/