CRR Tool
Capital Requirements Regulation (CRR)
Article 317

Article 317 - Own funds requirement

Status
In force
Selected consolidated version from
30/09/2021
Search all articles and keywords within this legal act

Article 317

Own funds requirement

1.  
Under the Standardised Approach, institutions shall divide their activities into the business lines set out in Table 2 of paragraph 4 and in accordance with the principles set out in Article 318.
2.  
Institutions shall calculate the own funds requirement for operational risk as the average over three years of the sum of the annual own funds requirements across all business lines referred to in Table 2 of paragraph 4. The annual own funds requirement of each business line is equal to the product of the corresponding beta factor referred to in that Table and the part of the relevant indicator mapped to the respective business line.
3.  
In any given year, institutions may offset negative own funds requirements resulting from a negative part of the relevant indicator in any business line with positive own funds requirements in other business lines without limit. However, where the aggregate own funds requirement across all business lines within a given year is negative, institutions shall use the value zero as the input to the numerator for that year.
4.  
Institutions shall calculate the average over three years of the sum referred to in paragraph 2 on the basis of the last three twelve-monthly observations at the end of the financial year. When audited figures are not available, institutions may use business estimates.

Where an institution can prove to its competent authority that, due to a merger, an acquisition or a disposal of entities or activities, using a three year average to calculate the relevant indicator would lead to a biased estimation for the own funds requirement for operational risk, the competent authority may permit institutions to amend the calculation in a way that would take into account such events and shall duly inform EBA thereof. In such circumstances, the competent authority may, on its own initiative, also require an institution to amend the calculation.

Where an institution has been in operation for less than three years it may use forward-looking business estimates in calculating the relevant indicator, provided that it starts using historical data as soon as it is available.



Table 2

Business line

List of activities

Percentage (beta factor)

Corporate finance

Underwriting of financial instruments or placing of financial instruments on a firm commitment basis

Services related to underwriting

Investment advice

Advice to undertakings on capital structure, industrial strategy and related matters and advice and services relating to the mergers and the purchase of undertakings

Investment research and financial analysis and other forms of general recommendation relating to transactions in financial instruments

18 %

Trading and sales

Dealing on own account

Money broking

Reception and transmission of orders in relation to one or more financial instruments

Execution of orders on behalf of clients

Placing of financial instruments without a firm commitment basis

Operation of Multilateral Trading Facilities

18 %

Retail brokerage

(Activities with natural persons or with SMEs meeting the criteria set out in Article 123 for the retail exposure class)

Reception and transmission of orders in relation to one or more financial instruments

Execution of orders on behalf of clients

Placing of financial instruments without a firm commitment basis

12 %

Commercial banking

Acceptance of deposits and other repayable funds

Lending

Financial leasing

Guarantees and commitments

15 %

Retail banking

(Activities with natural persons or with SMEs meeting the criteria set out in Article 123 for the retail exposure class)

Acceptance of deposits and other repayable funds

Lending

Financial leasing

Guarantees and commitments

12 %

Payment and settlement

Money transmission services,

Issuing and administering means of payment

18 %

Agency services

Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cash/collateral management

15 %

Asset management

Portfolio management

Managing of UCITS

Other forms of asset management

12 %

Related documents