icon-grid
Better Regulation logo
Table of Contents

Table of Contents

Expand all headings Collapse all headings Expand side bar Collapse side bar
European Communities (Financial Conglomerates) Regulations, 2004 [S.I. No. 727 of 2004]Introductory TextPart 1 Preliminary Provisions (regs. 1-3)Regulation 1 Citation and commencementRegulation 2 Object of these RegulationsRegulation 3 DefinitionsRegulation 3APart 2 Identifying Financial Conglomerates (regs. 4-5)Regulation 4 Thresholds for identifying a financial conglomerateRegulation 5 How a financial conglomerate is to be identifiedPart 3 Supplementary Supervision (regs. 6-11)Regulation 6 Scope of supplementary supervision of regulated entitiesRegulation 7 Which bodies have responsibility for exercising supplementary supervision of regulated entitiesRegulation 8 Capital adequacyRegulation 9 Risk concentrationRegulation 10 Intra-group transactionsRegulation 11 Internal control mechanisms and risk management processesPart 4 Measures to Facilitate Supplementary Supervision (regs. 12-21)Regulation 12 Co-ordinator to be appointed in respect of financial conglomerateRegulation 13 Bank required to maintain a register of financial conglomeratesRegulation 14 Powers of Bank when appointed as co-ordinator of a financial conglomerateRegulation 15 Powers of co-ordinator when the Bank is not the co-ordinatorRegulation 16 Tasks to be undertaken by co-ordinator with respect to supplementary supervision of regulated entities within a financial conglomerateRegulation 17 Co-operation and exchange of information between competent authoritiesRegulation 17A Cooperation and exchange of information with the Joint CommitteeRegulation 18 Only suitably qualified persons of good repute and with sufficient experience to manage mixed financial holding companiesRegulation 19 Entities within financial conglomerate entitled to exchange information among themselvesRegulation 20 Bank entitled to access to certain informationRegulation 20A Stress testingRegulation 21 Verification of information requested by the Bank or another competent authorityPart 5 Enforcement of These Regulations (regs. 22-29)Regulation 22 Measures for enforcing these RegulationsRegulation 23 Additional powers of the BankRegulation 24 Special provisions for mixed financial holding companies that have their head offices in the StateRegulation 25 Offence to provide false or misleading information in purported compliance with direction or requirement under these RegulationsRegulation 26 Liability of directors and managers for offences committed by entitiesRegulation 27 Penalties for offences under these RegulationsRegulation 28 Prosecution of offences under these RegulationsRegulation 29 Power of the High Court to make enforcement ordersPart 6 Financial Conglomerates Whose Parent Undertakings are Located in Third Countries (regs. 30-32)Regulation 30 Application of this Part to financial conglomerates whose parent undertakings are located outside the Member StatesRegulation 31 Co-ordinators of financial conglomerates to which this Part appliesRegulation 32 Obligations and powers of the Bank in relation to financial conglomerates to which this Part appliesPart 7 Miscellaneous Provisions (regs. 33-34)Regulation 34 Regulations not to limit application of Sectoral RulesRegulation 33 Financial Conglomerates Committee to be notified of principles applicable to supervision of intra group transactions and risk concentrationSchedule 1 Capital Adequacy RequirementsSchedule 2 Technical Application of the Provisions on Intra-Group Transactions and Risk ConcentrationGiven underExplanatory Note
Page Overview
Document Overview
Tools
Set a date to view the document
Text comparison options
Full text - Date 1 vs Date 2
Amendments requiring commencement - Current text vs Text requiring commencement
Draft proposed changes - Current text vs Text proposed by drafting documents
Coming soon: Any documents - Any document vs Another document at any date
Print / Export options
Current page
Whole document
Selected pages
Consolidated PDF of the entire document as of 8th January 2025
Export
Export line by line
Export provision to provision
Report template
Create report template
Alert me to changes
Manage alerts
Bookmarks
This page
This document
Manage bookmarks
Search within this document
View previous searches
Share
Get page link
Share via email application
PreviousNext
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 September 2014 - onwards
Version 3 of 3

Regulation 8 Capital adequacy

(1) Every authorised regulated entity within a financial conglomerate shall ensure -

(a) that own funds are maintained at the level of the conglomerate that are always at least equal to the capital adequacy requirement calculated in accordance with Schedule 1, and

(b) that adequate capital adequacy policies are established and maintained at the level of the conglomerate.

(2) The co-ordinator of a financial conglomerate shall ensure that the calculation referred to in paragraph (1)(a) is made at least twice each year, either by the regulated entities within the conglomerate or by the relevant mixed financial holding company.

(3) The responsible entity of a financial conglomerate shall ensure that the results of the calculation referred to in paragraph (1)(a), together with data used for the calculation, are submitted to the co-ordinator of the conglomerate within a period or periods specified by the co-ordinator.

(4) For the purpose of calculating the capital adequacy requirements referred to in paragraph (1), the following entities are to be included within the scope of supplementary supervision in the manner and to the extent prescribed by Schedule 1:

PreviousNext