Article 92
Own funds requirements
1.
Subject to Articles 93 and 94, institutions shall at all times satisfy the following own funds requirements:
(a)
a Common Equity Tier 1 capital ratio of 4,5 %;
(b)
a Tier 1 capital ratio of 6 %;
(c)
a total capital ratio of 8 %;
(d)
a leverage ratio of 3 %.
1a.
In addition to the requirement laid down in point (d) of paragraph 1 of this Article, a G-SII shall maintain a leverage ratio buffer equal to the G-SIIs total exposure measure referred to in Article 429(4) of this Regulation multiplied by 50 % of the G-SII buffer rate applicable to the G-SII in accordance with Article 131 of Directive 2013/36/EU.
A G-SII shall meet the leverage ratio buffer requirement with Tier 1 capital only. Tier 1 capital that is used to meet the leverage ratio buffer requirement shall not be used towards meeting any of the leverage based requirements set out in this Regulation and in Directive 2013/36/EU, unless explicitly otherwise provided therein.
Where a G-SII does not meet the leverage ratio buffer requirement, it shall be subject to the capital conservation requirement in accordance with Article 141b of Directive 2013/36/EU.
Where a G-SII does not meet at the same time the leverage ratio buffer requirement and the combined buffer requirement as defined in point (6) of Article 128 of Directive 2013/36/EU, it shall be subject to the higher of the capital conservation requirements in accordance with Articles 141 and 141b of that Directive.
2.
Institutions shall calculate their capital ratios as follows:
(a)
the Common Equity Tier 1 capital ratio is the Common Equity Tier 1 capital of the institution expressed as a percentage of the total risk exposure amount;
(b)
the Tier 1 capital ratio is the Tier 1 capital of the institution expressed as a percentage of the total risk exposure amount;
(c)
the total capital ratio is the own funds of the institution expressed as a percentage of the total risk exposure amount.
3.
Total risk exposure amount shall be calculated as the sum of points (a) to (f) of this paragraph after taking into account the provisions laid down in paragraph 4:
(a)
the risk-weighted exposure amounts for credit risk and dilution risk, calculated in accordance with Title II and Article 379, in respect of all the business activities of an institution, excluding risk-weighted exposure amounts from the trading book business of the institution;
(b)
the own funds requirements for the trading-book business of an institution for the following:
(i)
market risk as determined in accordance with Title IV of this Part, excluding the approaches set out in Chapters 1a and 1b of that Title;
(ii)
large exposures exceeding the limits specified in Articles 395 to 401, to the extent that an institution is permitted to exceed those limits, as determined in accordance with Part Four;
(c)
the own funds requirements for market risk as determined in Title IV of this Part, excluding the approaches set out in Chapters 1a and 1b of that Title, for all business activities that are subject to foreign exchange risk or commodity risk;
(ca)
the own funds requirements calculated in accordance with Title V of this Part, with the exception of Article 379 for settlement risk;
(d)
the own funds requirements calculated in accordance with Title VI for credit valuation adjustment risk of OTC derivative instruments other than credit derivatives recognised to reduce risk-weighted exposure amounts for credit risk;
(e)
the own funds requirements determined in accordance with Title III for operational risk;
(f)
the risk-weighted exposure amounts determined in accordance with Title II for counterparty risk arising from the trading book business of the institution for the following types of transactions and agreements:
(i)
contracts listed in Annex II and credit derivatives;
(ii)
repurchase transactions, securities or commodities lending or borrowing transactions based on securities or commodities;
(iii)
margin lending transactions based on securities or commodities;
4.
The following provisions shall apply in the calculation of the total risk exposure amount referred to in paragraph 3:
(a)
the own funds requirements referred to in points (c), (d) and (e) of that paragraph shall include those arising from all the business activities of an institution;
(b)
institutions shall multiply the own funds requirements set out in points (b) to (e) of that paragraph by 12,5.