Einde inhoudsopgave
Prudential regulation of investment firms in the European Union (ZIFO nr. 32) 2021/6.1.1
6.1.1 Particulars of the regulatory regime for investment firms
mr. drs. B.J. Nieuwenhuijzen, datum 01-02-2021
- Datum
01-02-2021
- Auteur
mr. drs. B.J. Nieuwenhuijzen
- JCDI
JCDI:ADS262287:1
- Vakgebied(en)
Financieel recht / Bank- en effectenrecht
Financieel recht / Financieel toezicht (juridisch)
Voetnoten
Voetnoten
Article 97 of the CRR determines the Fixed Overhead Requirement, which is a capital requirement applicable to certain investment firms, but also of AIFMD and UCITS management companies.
Article 12 of MiFID I: “Member states shall ensure that the competent authorities do not grant authorization unless the investment firm has sufficient initial capital in accordance with the requirements of [CRD 2013 and CRR] having regard to the nature of the investment service or activity in question.
226. The legislative structure for investment firms in the European Union deviates from the structure used for other financial sector entities in the EU. For instance, in the case of managers of investment funds, which are regulated under the AIFMD or UCITS, their respective directives contain the market entry requirements for (managers of) investment funds, but also the specific capital requirements and market conduct requirements. The AIFMD and the UCITS both refer to the CRR and preceding versions of the CRD 2013 only for 1) the definition of capital which is included in Part Two of the CRR, 2) the initial capital requirements if these funds managers also provide investment services and 3) in the fixed overhead requirement of Article 97 of the CRR.1 The regulatory framework for investment firms, however, is based on MiFID II, which contains the market entry and market conduct requirements for investment firms, and which refers2 to the CRD 2013 and the CRR for the prudential (capital) requirements. Investment firms therefore need to comply with two distinct legal frameworks: MiFID II and CRD 2013 and the CRR. As noted, (managers of) investment funds need to comply with the rules set forth in their respective directives without other bodies of European law creating substantive obligations.