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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]

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