European Union (Capital Requirements) Regulations 2014 [S.I. No. 158 of 2014]

Version status: In force | Document consolidation status: Updated to reflect all known changes

Published date: 31 March 2014

European Union (Capital Requirements) Regulations 2014 [S.I. No. 158 of 2014]

	Introductory Text
	Part 1 Preliminary and General (regs. 1-3)
	Regulation 1 Citation and commencement
	Regulation 2 Scope
	Regulation 3 Interpretation
	Part 2 Competent Authority (regs. 4-6)
	Regulation 4 Designation of competent authority
	Regulation 5 Cooperation within the European System of Financial Supervision
	Regulation 6 European Union dimension of supervision
	Part 3 Requirements for access to the activity of credit institutions (regs. 7-25)
	Chapter 1 General requirements for access to the activity of credit institutions (regs. 7-9)
	Regulation 7 Branches of credit institutions authorised in another Member State
	Regulation 8 Name of credit institutions
	Regulation 9 Notification where Bank acts as consolidating supervisor
	Chapter 1A Financial holding companies and mixed financial holding companies (regs. 9A-9H)
	Regulation 9A Application for approval of financial holding companies and mixed financial holding companies
	Regulation 9B Concurrent assessment of acquisition
	Regulation 9C Grant of approval
	Regulation 9CA Assessment of suitability of shareholders or members
	Regulation 9D Exemption
	Regulation 9E Monitoring
	Regulation 9F Supervisory measures
	Regulation 9G Cooperation with other authorities: non-financial conglomerates
	Regulation 9H Cooperation: financial conglomerates
	Chapter 1B Intermediate EU parent undertakings (reg. 9I)
	Regulation 9l Intermediate EU parent undertakings
	Chapter 2 Qualifying holding in a credit institution (regs. 10-25)
	Regulation 10 Restrictions on acquiring and disposing of qualifying holdings in credit institutions
	Regulation 11 Application to court where no notification given
	Regulation 12 Notification in case of divestiture
	Regulation 13 Credit institutions to provide information on certain acquisitions and disposals
	Regulation 14 Period for assessment of proposed acquisition
	Regulation 15 Assessment of proposed acquisition
	Regulation 16 Bank to cooperate with competent authorities of other Member States in certain cases
	Regulation 17 Bank may fix period for completion of acquisition, etc.
	Regulation 18 Notice of Bank's decision
	Regulation 19 Bank may oppose certain acquisitions
	Regulation 20 Decision to oppose proposed acquisition to be appealable
	Regulation 21 Circumstances in which proposed acquisition may be concluded
	Regulation 22 Effect of section 201 of Companies Act 1963
	Regulation 23 Credit institutions to provide information about shareholdings, etc.
	Regulation 24 Powers in relation to certain persons with qualifying holdings
	Regulation 25 Criteria for qualifying holdings
	Part 4 Initial capital of investment firms, local firms and firms not authorised to hold client money or securities (regs. 26-31)
	Regulation 26 Initial capital for investment, local and other firms
	Regulation 27 Initial capital for particular types of investment firms
	Regulation 28 Initial capital for local firms
	Regulation 29 Coverage for firms not authorised to hold client money or securities
	Regulation 30 Own funds of investment firms and firms covered by Regulation 28
	Regulation 31 Grandfathering provision
	Part 5 Freedom of establishment and freedom to provide services (regs. 31A-44)
	Chapter 1 General principles (reg. 31A)
	Regulation 31A
	Regulation 32 Mutual recognition of provision of banking services
	Chapter 2 The right of establishment of credit institutions (regs. 33-37)
	Regulation 33 Provisions relating to the establishment of a branch in another Member State
	Regulation 34 Provisions relating to the establishment in the State of a branch from another Member State
	Regulation 34A
	Regulation 35 Change in information provided under Regulation 33
	Regulation 36 Existing branches
	Regulation 37 Information about refusals
	Chapter 3 Freedom to provide services (reg. 38)
	Regulation 38 Notification procedure
	Chapter 4 Powers of the Bank when acting as host Member State competent authority (regs. 39-44)
	Regulation 39 Reporting requirements
	Regulation 40 Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
	Regulation 41 Reasons and communication
	Regulation 42 Precautionary measures
	Regulation 43 Measures following withdrawal of authorisation
	Regulation 44 Advertising
	Part 6 Prudential Supervision (regs. 45-130)
	Chapter 1 Principles of prudential supervision (regs. 45-59)
	Competence and duties of home and host Member States (regs. 45-59A)
	Regulation 44A
	Regulation 45 Competence of the Bank
	Regulation 46 Collaboration concerning supervision
	Regulation 47 Designation of branch of institution in State as significant
	Regulation 48 Designation of branch of an institution in another Member State as significant
	Regulation 49 Bank to establish college of supervisors for significant branches
	Regulation 50 On-the-spot checking and inspection of branches established in another Member State
	Regulation 50A Exchange of information with oversight bodies
	Regulation 50B Transmission of information to international bodies
	Regulation 51 Processing of personal data
	Regulation 52 Duty of persons responsible for the legal control of annual and consolidated accounts
	Regulation 52A Removal and replacement of auditor - removal notice
	Regulation 52B Removal and replacement of auditor - application to court
	Regulation 52C Matters ancillary to removal notice and removal order
	Regulation 52D Reasoned decisions
	Regulation 53 Administrative penalties and other administrative measures
	Regulation 54 Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings
	Regulation 55 Other provisions on administrative penalties
	Regulation 56 Publication of administrative penalties
	Regulation 57 Exchange of information on penalties and maintenance of central database by EBA
	Regulation 58 Effective application of penalties and exercise of powers to impose penalties by Bank
	Regulation 59 Reporting of breaches
	Regulation 59A Right of appeal
	Chapter 2 Review Processes (regs. 60-98)
	Internal capital adequacy assessment process (reg. 60)
	Regulation 60 Internal Capital
	Arrangements, processes and mechanisms of institutions (regs. 61-98)
	General principles (regs. 61-63)
	Regulation 61 Internal governance and recovery plans
	Regulation 62 Resolution plans
	Regulation 63 Oversight of remuneration policies
	Technical criteria concerning the organisation and treatment of risks (regs. 64-75)
	Regulation 64 Treatment of risks - risk committee and combined committee
	Regulation 65 Internal approaches for calculating own funds requirements
	Regulation 66 Supervisory benchmarking of internal approaches for calculating own funds requirements
	Regulation 67 Credit and counterparty risk
	Regulation 68 Residual risk
	Regulation 69 Concentration risk
	Regulation 70 Securitisation risk
	Regulation 71 Market risk
	Regulation 72 Interest risk arising from non-trading book activities
	Regulation 73 Operational risk
	Regulation 74 Liquidity risk
	Regulation 75 Risk of excessive leverage
	Governance (regs. 76-84)
	Regulation 76 Governance arrangements
	Regulation 77 Country-by-country reporting
	Regulation 78 Public disclosure of return on assets
	Regulation 79 Management body
	Regulation 79A Removal of member of management body
	Regulation 79B Removal notice
	Regulation 79C Effect of removal notice
	Regulation 79D Confirmation of removal notice
	Regulation 79E Enforcement of removal notice
	Regulation 79F Court's power to extend validity of removal notices
	Regulation 79G Compliance with removal notice
	Regulation 80 Remuneration policies
	Regulation 81 Institutions that benefit from government intervention
	Regulation 82 Variable elements of remuneration
	Regulation 83 Remuneration committee
	Regulation 84 Maintenance of website on corporate governance and remuneration
	Supervisory review and evaluation process (regs. 85-89)
	Regulation 85 Supervisory review and evaluation
	Regulation 86 Technical criteria for the supervisory review and evaluation
	Regulation 87 Supervisory examination programme
	Regulation 88 Supervisory stress testing
	Regulation 89 Ongoing review of the permission to use internal approaches
	Supervisory measures and powers (regs. 90-95)
	Regulation 90 Supervisory measures
	Regulation 91 Application of supervisory measures to institutions with similar risk profiles
	Regulation 92 Supervisory powers
	Regulation 92A Additional own funds requirement
	Regulation 92B Guidance on additional own funds
	Regulation 92C Cooperation with resolution authorities
	Regulation 93 Specific liquidity requirements
	Regulation 94 Specific publication requirements
	Regulation 95 Consistency of supervisory reviews, evaluations and supervisory measures
	Level of application (regs. 96-98)
	Regulation 96 Internal capital adequacy assessment process
	Regulation 97 Institutions' arrangements, processes and mechanisms
	Regulation 98 Review and evaluation and supervisory measures
	Chapter 3 Supervision on a consolidated basis (regs. 99-114)
	Principles for conducting supervision on a consolidated basis (regs. 99-106)
	Regulation 99 Determination of consolidating supervisor
	Regulation 100 Coordination of supervisory activities by consolidating supervisor
	Regulation 101 Joint decisions on institution-specific prudential requirements
	Regulation 102 Information requirements in emergency situations
	Regulation 103 Coordination and cooperation arrangements
	Regulation 104 Colleges of supervisors
	Regulation 105 Cooperation obligations
	Regulation 106 Checking information concerning entities in other Member States
	Financial holding companies, mixed-financial holding companies and mixedactivity holding companies (regs. 107-114)
	Regulation 107 Inclusion of holding companies in consolidated supervision
	Regulation 108 Supervision of mixed-financial holding companies
	Regulation 109 Qualification of directors
	Regulation 110 Requests for information and inspections
	Regulation 111 Supervision
	Regulation 112 Exchange of information
	Regulation 113 Cooperation
	Regulation 114 Assessment of equivalence of third countries' consolidated supervision
	Chapter 4 Capital Buffers (regs. 115-130)
	Buffers (regs. 115-124)
	Regulation 115 Definitions
	Regulation 116 Non-application of Chapter to certain investment firms
	Regulation 116A Restrictions on use of Common Equity Tier 1 Capital maintained to meet the combined buffer requirement
	Regulation 117 Requirement to maintain a capital conservation buffer
	Regulation 118 Requirement to maintain institution-specific countercyclical capital buffer
	Regulation 119 Transitional provisions for capital buffers
	Regulation 120 Derogation from requirement to maintain certain buffers
	Regulation 121 Global and other systemically important institutions
	Regulation 122 Identification of O-SIIs
	Regulation 123 G-SII and O-SII buffers
	Regulation 123A Designation of authority for the systemic risk buffer
	Regulation 123B Power to set systemic risk buffer
	Regulation 123C Calculation of systemic risk buffer
	Regulation 123D Systemic risk buffer of Common Equity Tier 1 capital
	Regulation 123E Exposures to which systemic risk buffer may apply
	Regulation 123F Systemic risk buffer requirements
	Regulation 123G Obligations on Bank
	Regulation 123H Notification prior to publication of decision under Regulation 123L
	Regulation 123I Notification: SyRB less than 3 per cent
	Regulation 123J Notification: SyRB between 3 and 5 per cent
	Regulation 123K Notification: SyRB above 5 per cent
	Regulation 123L Publication of SyRBs on website
	Regulation 123M Additional measures
	Regulation 123N Exposures in another Member State
	Regulation 124 Recognition of systemic risk buffer rate
	Setting and calculating countercyclical capital buffers (regs. 125-128)
	Regulation 125 Setting countercyclical buffer rates
	Regulation 126 Recognition of countercyclical buffer rates in excess of 2.5 per cent
	Regulation 127 Decision by Bank on third-country countercyclical buffer rates
	Regulation 128 Calculation of institution-specific countercyclical capital buffer rates
	Capital conservation measures (regs. 129-130)
	Regulation 129 Restrictions on distributions
	Regulation 129A Failure to meet combined buffer requirement
	Regulation 129B Restriction on distributions in case of failure to meet leverage ratio buffer requirement
	Regulation 129C Failure to meet leverage ratio buffer requirement
	Regulation 130 Capital conservation plan
	Part 7 Disclosure by competent authorities (regs. 131-132)
	Regulation 131 General disclosure requirements
	Regulation 132 Specific disclosure requirements
	Part 8 Transitional provisions (regs. 133-142)
	Chapter 1 Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services (regs. 133-142)
	Regulation 133 Reporting requirements - transitional
	Regulation 134 Measures taken by competent authorities of home Member State in relation to activities carried out in host Member State - transitional
	Regulation 135 Precautionary measures - transitional
	Regulation 136 Responsibility of Bank - transitional
	Regulation 137 Liquidity supervision - transitional
	Regulation 138 Collaboration concerning supervision - transitional
	Regulation 139 Designation of significant branches - transitional
	Regulation 140 Designation of branch of an institution in another Member State as significant - transitional
	Regulation 141 Bank to establish college of supervisors for significant branches - transitional
	Regulation 142 On-the-spot checks - transitional
	Regulation 142A Transitional provisions on approval of financial holding companies and mixed financial holding companies
	Part 9 Provisions from statutory instruments revoked by these Regulations (regs. 143-152)
	Regulation 143 Application of certain enactments
	Regulation 144 Bank not to be liable for losses incurred through insolvency or default of persons subject to supervision under these Regulations
	Regulation 145 Bank to consult competent authorities of other Member States in certain circumstances
	Regulation 146 Provision of services into another Member State
	Regulation 147 Offence of providing false or misleading information - Regulations 10 to 25
	Regulation 148 Provision of false or misleading information - general
	Regulation 149 Prosecution by Bank
	Regulation 150 Offences by bodies corporate
	Regulation 151 Continuation of contravention of Regulations
	Regulation 152 Construction of licence holder in enactments
	Part 10 Consequential Amendments (regs. 153-158)
	Regulation 153 Amendment of Central Bank Act 1942
	Regulation 154 Amendment of Central Bank Act 1971
	Regulation 155 Amendment of Central Bank Act 1989
	Regulation 156 Amendment of Building Societies Act 1989
	Regulation 157 Amendment of Trustee Savings Banks Act 1989
	Regulation 158 Amendment of Central Bank Act 1997
	Part 11 Final provisions, revocations and saver (regs. 159-162)
	Regulation 159 Service of notice or other document by Bank
	Regulation 160 References to repealed Directives
	Regulation 161 Revocations
	Regulation 162 Saver
	Schedule
	Given under