Article 97
Own Funds based on Fixed Overheads
1.
In accordance with Articles 95 and 96, an investment firm and firms referred to in point (2)(c) of Article 4(1) that provide the investment services and activities listed in points (2) and (4) of Section A of Annex I to Directive 2004/39/EC shall hold eligible capital of at least one quarter of the fixed overheads of the preceding year.
2.
Where there is a change in the business of an investment firm since the preceding year that the competent authority considers to be material, the competent authority may adjust the requirement laid down in paragraph 1.
3.
Where an investment firm has not completed business for one year, starting from the day it starts up, an investment firm shall hold eligible capital of at least one quarter of the fixed overheads projected in its business plan, except where the competent authority requires the business plan to be adjusted.
4.
EBA in consultation with ESMA shall develop draft regulatory technical standards to specify in greater detail the following:
(a)
the calculation of the requirement to hold eligible capital of at least one quarter of the fixed overheads of the previous year;
(b)
the conditions for the adjustment by the competent authority of the requirement to hold eligible capital of at least one quarter of the fixed overheads of the previous year;
(c)
the calculation of projected fixed overheads in the case of an investment firm that has not completed business for one year.
EBA shall submit those draft regulatory technical standards to the Commission by 1 March 2014.
Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.