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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 September 2021 - onwards

Regulation 35 Supervisory powers

(1) For the purposes of Regulations 32, 33(5) to (7) and 34, and of the application of Regulation (EU) 2019/2033, the Bank shall have the following powers:

(a) to require an investment firm to have own funds in excess of the requirements set out in Article 11 of Regulation (EU) 2019/2033, under the conditions laid down in Regulation 36, or to adjust the own funds and liquid assets required in case of material changes in the business of the investment firm;

(b) to require the reinforcement of the arrangements, processes, mechanisms and strategies implemented in accordance with Regulations 21 and 23;

(c) to require an investment firm to present, within one year, a plan to restore compliance with supervisory requirements pursuant to these Regulations and to Regulation (EU) 2019/2033, to set a deadline for the implementation of that plan and require improvements to that plan regarding scope and deadline;

(d) to require an investment firm to apply a specific provisioning policy or treatment of assets in terms of own funds requirements;

(e) to restrict or limit the business, operations or network of an investment firm or to request the divestment of activities that pose excessive risks to the financial soundness of an investment firm;