Investment Firms Rulebook
EU Level 1
EU Level 2/3
German Implementation Acts
EU Level 2/3
Prudential requirements:
- Delegated Regulation supplementing the IFR with RTS on measuring liquidity risk (Art. 42 (6) IFD) (EU) 2023/1651
- Delegated Regulation supplementing the IFR with RTS that specify adjustments to the K-factor “daily trading flow” (K-DTF) coefficients (EU) 2022/76
- Delegated Regulation supplementing the IFR with RTS that specify the methods for measuring the K-factors referred to in Article 15 of the IFR (EU) 2022/25
- Delegated Regulation supplementing the IFR with RTS specifying the amount of total margin for the calculation of the K-CMG (Art. 23 (3) IFR) (EU) 2022/244
- Delegated Regulation supplementing the IFR with RTS specifying the notion of segregated accounts to ensure client money’s protection in the event of an investment firm’s failure (EU) 2022/26
- Delegated Regulation supplementing the IFD with RTS specifying the criteria for subjecting certain investment firms to the requirements of Regulation (EU) 575/200 EU 2021/2153
- Delegated Regulation as regards own funds requirements for firms based on fixed overheads (EU) 241/2014
- Delegated Regulation supplementing the IFR with RTS specifying the calculation of the fixed overheads requirement and define the notion of a material change (Art. 13(4) IFR) (EU) 2022/1455
- Opinion of the EBA on appropriate supervisory and enforcement practices for the process of authorising investment firms as credit institutions under Article 8a of CRD IV
- CP on Draft Guidelines on common procedures and methodologies for the supervisory review and evaluation process (SREP) under IFD (Draft)
- List of Instruments and Funds List (Art 9 (4) IFR)
- Guidelines on the criteria for the exemption of investment firms from liquidity requirements (Art.43 (4) IFR) EBA/GL/2022/10
- Draft RTS on the provision of information for the effective monitoring of thresholds for credit institutions (Art. 55 (5) IFR) (Draft)
- Draft RTS on the information to be provided by an undertaking in the application for authorization (Art. 8a (6) CRD) (Draft)
- Draft RTS on the methodology for calculating the threshold (EUR30 billion) above which an investment firm is required to apply for a credit institution authorisation (Art.8a (6) CRD) (Draft)
- Draft Guidelines on benchmarking of internal models (Art.37(4) IFD) (Draft)
- Draft RTS on prudential requirements for an investment firm (Art.7(5) IFR) (Draft)
Internal governance:
- Guidelines on internal governance (Art.26(4) IFD) EBA/GL/2021/14
Remuneration:
- Delegated Regulation supplementing the IFD with regard to RTS specifying appropriate criteria to identify categories of staff whose professional activities have a material impact on the risk profile of an investment firm or of the assets that it manages (EU) 2021/2154
- Delegated Regulation supplementing the IFD with regard to RTS specifying the classes of instruments that adequately reflect the credit quality of the investment firm as a going concern and possible alternative arrangements that are appropriate to be used for the purposes of variable remuneration (EU) 2021/2155
- Guidelines on sound remuneration policies for investment firms(Art. 34 (3) IFD) EBA/GL/2021/13
- Implementing Regulation supplementing the IFD with RTS specifying appropriate criteria to identify categories of staff whose professional activities have a material impact on the risk profile of an investment firm or of the assests that it matters (Art.30 (4) IFD) (EU) 2021/2154
- Guidelines on the benchmarking exercises on remuneration practices and the gender pay gap(Art. 34 (2) IFD) EBA/GL/2022/07
- Draft Guidelines on the data collection exercises regarding high earners (Art. 34 (4) IFD) (Draft)
Reporting and disclosure:
- Implementing Regulation amending the ITS laid down in Implementing Regulation (EU) 2022/398 regarding the content lists of the information on individual data to be disclosed by competent authorities (EU) 2023/2526
- Implementing Regulation supplementing the IFR with ITS on supervisory reporting and disclosures of investment firms (Art.54(3) IFR) (EU) 2021/2284
- Implementing Regulation supplementing the IFD with ITS on format, structure, content lists and annual publication date of the information to be disclosed by competent authorities (Art.57 (4) IFD) (EU) 2022/389
- Implementing Regulation supplementing the IFR with RTS on public disclosure of investment policy by investment firms (Art.52(3) IFR) (EU) 2022/1159 (Corrigendum)
ESG:
- Draft delegated regulation on ESG for investment firms (Draft)
- Report on incorporating ESG risks in the supervision of investment firms complementing EBA/REP/2021/18 EBA/REP/2022/26
- Report on management and supervision of ESG risks for credit institutions and investment firms EBA/REP/2021/18
- Report on technical criteria related to engagements with material ESG for SREP(Art. 35 IFD) (not available yet)
-
Report on the regulatory treatment of assets exposed to activities related to ESG objectives (Art. 34 (2) IFR) (not available yet)
Supervisory cooperation:
- RTS on colleges of supervisors for investment firm groups (EU) 2023/1118
- RTS and ITS on information exchange between the competent authorities of home and host Member States (EU) 2023/1117
- Draft RTS on Pillar 2 (Art.40 (6) IFD) (Draft)
- EBA publishes aggregated information for SREP EBA/REP/2021/18
- The EBA reports to the European Parliament and the Council on the degree of convergence EBA/REP/2022/10
- Guidelines on common procedures and methodologies for the SREP EBA/GL/2022/09
- Draft Guidelines on the application of the group capital test for investment firm groups in accordance with Article 8 of Regulation (EU) 2019/2033
(Consultation Paper available here)
German Implementation Acts
- German Implementation Act (Wertpapierinstitutsgesetz - WpIG)
- Compare: WpIG (current) vs. WpFG (earlier) (We can provide you with Delta Views/markups (Lesefassung) of amendments of affected acts upon request)
- Implementation of further IFD requirements
- First CP on draft regulation on the further implementation of IFD by BaFin (Mantelverordnung zum WpIG)
- Second CP on draft regulation on remuneration in investment firms by BaFin (Wertpapierinstitus-Vergütungsverordnung)
- BaFin FAQ on the new German Implementation Act