Article 96
Own funds requirements for investment firms which hold initial capital as laid down in Article 28(2) of Directive 2013/36/EU
1.
For the purposes of Article 92(3), the following categories of investment firm which hold initial capital in accordance with Article 28(2) of Directive 2013/36/EU shall use the calculation of the total risk exposure amount specified in paragraph 2 of this Article:
(a)
investment firms that deal on own account only for the purpose of fulfilling or executing a client order or for the purpose of gaining entrance to a clearing and settlement system or a recognised exchange when acting in an agency capacity or executing a client order;
(b)
investment firms that meet all the following conditions:
(i)
they do not hold client money or securities;
(ii)
they undertake only dealing on own account;
(iii)
they have no external customers;
(iv)
their execution and settlement transactions take place under the responsibility of a clearing institution and are guaranteed by that clearing institution.
2.
For investment firms referred to in paragraph 1, total risk exposure amount shall be calculated as the sum of the following:
(a)
points (a) to (d) and (f) of Article 92(3) after applying Article 92(4);
(b)
the amount referred to in Article 97 multiplied by 12,5.
3.
Investment firms referred to in paragraph 1 are subject to all other provisions regarding operational risk laid down in Title VII, Chapter 3, Section II, Sub-section 1 of Directive 2013/36/EU.