Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2014 - 25 June 2021
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Article 15 Derogation from the application of own funds requirements on a consolidated basis for groups of investment firms

1. The consolidating supervisor may waive, on a case-by-case basis, the application of Part Three of this Regulation and Title VII, Chapter 4 of Directive 2013/36/EU on a consolidated basis provided that the following conditions exist:

(a) each EU investment firm in the group uses the alternative calculation of total risk exposure amount referred to in Article 95(2) or 96(2);

(b) all investment firms in the group fall within the categories in Articles 95(1) or 96(1);

(c) each EU investment firm in the group meets the requirements imposed in Article 95 or 96 on an individual basis and at the same time deducts from its Common Equity Tier 1 items any contingent liability in favour of investment firms, financial institutions, asset management companies and ancillary services undertakings, which would otherwise be consolidated;

(d) any financial holding company which is the parent financial holding company in a Member St