Updated 18/09/2024
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Article 2 - Application of criteria

Article 2

Application of criteria

1.   Where this Regulation is applied on an individual basis in accordance with Article 25 of Directive (EU) 2019/2034, compliance with the criteria set out in Articles 3 and 4 of this Regulation shall be assessed against the investment firm’s individual risk profile.

2.   Where this Regulation is applied on a consolidated basis in accordance with Article 25 of Directive (EU) 2019/2034, compliance with the criteria set out in Articles 3 and 4 of this Regulation shall be assessed against the risk profile of the investment firm on a consolidated basis.

3.   Where Article 4(1), point (a), is applied on an individual basis, the remuneration awarded by the investment firm shall be considered.

4.   Where Article 4(1), point (a), is applied on a consolidated basis, the consolidating investment firm shall consider the remuneration awarded by any entity that falls within the scope of consolidation.

5.   Article 4(1), point (b), shall only apply on an individual basis.

6.   Article 4(1), point (c), shall apply on an individual and consolidated basis.