10.3 Application of capital measures

Competent authorities should impose additional own funds requirement and establish own funds expectations by setting P2R and P2G in accordance with Title 7.

Notwithstanding the requirements referred to in the previous paragraph, competent authorities may, on the basis of the vulnerabilities and deficiencies identified in the assessment of SREP elements, impose additional capital measures including:

• a. requiring the investment firm to use net profits to strengthen own funds in accordance with Article 39(2), point (h) of Directive (EU) 2019/2034;
• b. restricting or prohibiting distributions or interest payments by the investment firm to shareholders, members or holders of additional Tier 1 instruments where such prohibition does not constitute an event of default of the investment firm in accordance with Article 39(2), point (i) of Directive (EU) 2019/2034; and/or
• c. requiring the investment firm to apply a specific provisioning policy or treatment of assets in terms of own funds requirements in accordance with Article 39(2), point (d) of Directive (EU) 2013/2034.

If after liaising with the AML/CFT supervisor, there is a need for competent authorities to address prudential deficiencies/vulnerabilities related to ML/TF risks as a result of the SREP elements assessment, competent authorities should include those in their considerations when setting additional own funds requirement only where this is considered more appropriate than other supervisory measures. If additional own funds requirement are imposed, they should be used as an interim measure while the deficiencies are addressed