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Regulation on the liquidity of institutions

Original Language Title: Verordnung über die Liquidität der Institute

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Regulation on the liquidity of the institutions (Liquidity Regulation-LiqV)

Unofficial table of contents

LiqV

Date of date: 14.12.2006

Full quote:

" Liquidity Ordinance of 14 December 2006 (BGBl. 3117), as last amended by Article 1 of the Regulation of 6 December 2013 (BGBl I). I p. 4166).

Status: Last amended by Art. 1 V v. 6.12.2013 I 4166

For more details, please refer to the menu under Notes
Article 9 of this Regulation provides for the implementation of Articles 5 and 6 of Directive 2000 /46/EC of the European Parliament and of the Council of 18 September 2000 relating to the taking up, pursuit and prudential supervision of the business of electronic money institutions (OJ L 281, 23.12.2000, p. EC No 39).

Footnote

(+ + + Text evidence from: 1.1.2007 + + +) 
(+ + + amendment-no text proof + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 46/2000 (CELEX Nr: 32000L0046)
Implementation of the
EURL 36/2013 (CELEX Nr: 32013L0036) cf. V v. 6.12.2013 I 4166
Adjustment of the
EUV 575/2013 (CELEX Nr: 32013R0575) cf. V v. 6.12.2013 I 4166 + + +)

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Input formula

Pursuant to Section 11 (1) sentence 2 of the Banking Act, which is defined by Article 1 (16) of the Law of 17 November 2006 (BGBl. 2606), the Federal Ministry of Finance, in consultation with the Deutsche Bundesbank, reorders after consulting the leading associations of the institutes: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to:
1.
credit institutions and
2.
financial services institutions which:
a)
Own trade, or
b)
as investment intermediaries, financial intermediaries or financial portfolio walters, they have the power to obtain ownership or ownership of customers ' funds or securities, or to act on their own account with financial instruments.
(2) This Regulation shall not apply to branches in accordance with Section 53b (1) sentence 1 of the Banking Act, if:
1.
the competent foreign supervisory authority and the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht, Bundesanstalt) have reached an agreement on the mutual recognition of the liquidity rules,
2.
the branch is fully involved in the liquidity management of the head office,
3.
the head office shall declare in writing to the Bundesanstalt that the liquidity of the branch shall be ensured at any time; and
4.
the Bundesanstalt has confirmed the existence of the conditions laid down in points 1 to 3 in writing.
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§ 2 Liquidity

(1) The liquidity of an institution shall be deemed to be sufficient if the liquidity measure to be determined does not fall below the value one. The liquidity ratio indicates the relationship between the means of payment available in the maturity band 1 and the payment obligations which can be called up during this period. Payment and payment obligations are to be assigned to one of the following maturity bands: due
1.
daily or in up to one month (maturity band 1),
2.
in more than one month up to three months (maturity band 2),
3.
in more than three months up to six months (maturity band 3),
4.
in more than six months up to twelve months (maturity band 4).
(2) The institution shall calculate observational figures indicating the relationship between the respective means of payment and the payment obligations in the maturity bands referred to in the third sentence of paragraph 1, no. 2 to 4. The calculation of the observational measures shall be carried out in accordance with the calculation of the number of liquidity ratios referred to in the second sentence of paragraph 1. The means of payment available in a maturity band shall be exceeded by the callable payment obligations, the To take account of different amounts as an additional means of payment in the determination of the number of observations in the next-higher-time band. Unofficial table of contents

§ 3 Payment means

(1) The means of payment shall be recorded in the maturity band 1, subject to paragraph 3.
1.
cash register,
2.
Credit to Central Bank banks,
3.
Inkassopapiere,
4.
Irrevocable loan commitments the institution has received from another credit institution or the Kreditanstalt für Wiederaufbau,
5.
securities valued at a recognised stock exchange as defined in Article 4 (1) (72) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements, to credit institutions and investment firms and to the amendment of Regulation (EU) No 646/2012 (OJ L 196, 27.7.2012, p. 1) in a State of the European Economic Area or on a stock exchange pursuant to Article 1 (3e) of the Banking Act (listed securities), including those of the institution as a pensioner, or Documents transferred in the context of repurchase agreements or on loan transactions,
6.
Assets held by the European Central Bank or the Central Bank of a State whose unsecured payment obligations would receive a risk weight pursuant to Article 114 of Regulation (EU) No 575/2013 of 0%, according to the to be recognised as eligible collateral, with the credit institution having to have a branch in the host country of the Central Bank if it is not part of the European System of Central Banks, including the institution as a pensioner or a borrower within the framework of repurchase or loan-related assets, unless already recorded in accordance with point 5 (in the case of non-zero-weighted central banks, assets eligible for refinancing);
7.
covered debt securities not covered by investment assets under Article 129 of Regulation (EU) No 575/2013, including those transferred to the institution as a pensioner or borrower in the context of repurchase agreements or lending operations covered debt securities, and
8.
in the amount of 90 per cent of the respective withdrawal prices, shares in national UCITS special assets, not as fixed assets, domestic special special assets, the investment conditions of which provide for investment principles and limits to those of: of domestic UCITS, and EU UCITS, in so far as their withdrawal and settlement arrangements correspond to those for the special assets of the public; the investment conditions of the special assets must ensure that the shareholders share their shares in the stock exchange may return and the withdrawal in accordance with § 98 (2) of the Capital investment code cannot be denied.
(2) As a means of payment, in accordance with their residual maturity in the maturity bands 1 to 4, subject to the provisions of paragraph 3,
1.
Requests to central banks,
2.
exposures to credit institutions;
3.
requests to customers,
4.
In the case of central banks, refinancing changes which do not already fall under the number 2 or 3,
5.
the material requirements of the institution responsible for the return of the securities awarded;
6.
Other than the debt securities referred to in paragraph 1 and other fixed-income securities, including the fixed-income securities transferred to the institution as a pensioner or a borrower in the context of repurchase agreements or on loan securities,
7.
the right of the pensioner to retransmit securities in the context of genuine repurchase transactions;
8.
monetary claims of the borrower from unreal repurchase transactions, in the amount of the agreed repayment amount, if the current market value of the transferable securities is less than this; and
9.
Countervailing claims against the public authorities (in particular the compensation fund for the exchange of currencies), including debt securities from their exchange, in so far as they are not covered by paragraph 1 (5),
(3) No cash-effective means of payment within the meaning of paragraphs 1 and 2 shall be provided for in accordance with the provisions of the following paragraphs.
1.
requirements and changes to which single-value adjustments have been made if current disruptions of performance are available,
2.
participations and shares in affiliated undertakings,
3.
repurchased debt securities of own emissions which do not meet the conditions laid down in Article 129 of Regulation (EU) No 575/2013,
4.
securities transferred in the context of repurchase agreements or loans for the duration of the transaction in the case of a pension or distributor;
5.
securities withdrawn as collateral by the institution for the period of the order of collateral, unless it is pledged to a central bank of the European System of Central Banks; and
6.
the investment shares other than those referred to in paragraph 1 (8), in so far as they are not covered by paragraph 1 (5) as a means of payment.
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§ 4 Payment obligations

(1) As payment obligations are to be recorded in the maturity band 1
1.
40 per cent of the liabilities payable on a daily basis to credit institutions,
2.
10 percent of the daily liabilities owed to customers,
3.
10 per cent of savings deposits within the meaning of Article 21 (4) of the credit institution's accounting regulation,
4.
5 per cent of contingent liabilities arising from further changes,
5.
5 per cent of contingent liabilities from acquired guarantee or guarantee obligations,
6.
5 percent of the amount of liability arising from the purchase of collateral for foreign liabilities,
7.
20 percent of the placement or take-over commitments and
8.
20 per cent of the unclaimed, irrevocably pledged loans if they are not to be recognised in accordance with paragraph 2 (12) or (3).
(2) Payment obligations shall be recorded in the maturity bands 1 to 4 in accordance with their residual maturity.
1.
Liabilities to a central bank,
2.
liabilities to credit institutions, in so far as they are not covered by point 3;
3.
20 per cent of the liabilities of central banks vis-à-vis their central banks and central banks, as well as of central banks and central banks vis-à-vis the associated savings banks and credit cooperatives,
4.
liabilities to customers, in so far as they are not covered by point 12;
5.
the liability of the debilitating institution for the return of securities issued;
6.
the liability of the pensioner on the basis of the obligation to return securities in the context of genuine securities exchange transactions;
7.
cash liabilities of the pensioner from unreal repurchase transactions, in the amount of the agreed repayment amount, if the current market value of the transferable securities is lower than the amount of the repayment;
8.
securitised liabilities,
9.
subordinated liabilities,
10.
Human rights capital,
11.
other liabilities and
12.
20 per cent of the unused portion of securitisation liquidity facilities within the meaning of Article 255 (1) of Regulation (EU) No 575/2013, which cannot be terminated at any time without notice and unconditionally by the institution when a the use of refinancing dates for the securitisation transaction is excluded;
if the remaining maturities for the reporting date do not exceed one year. (3) During the twelve months following the reporting date, the expected take-up of unrevocably promised investment credits and basic mortgage-related rights Loans disbursed after the construction progress are to be recorded in the amount of
1.
12 percent in the run-time band 1,
2.
16 percent in the run-time band 2,
3.
24 percent in the run-time band 3 and
4.
48 percent in the run-time band 4.
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Section 5 Securities and securities lending and securities lending operations

(1) Securities retired in the context of genuine repurchase transactions shall be attributed to the stock of the pensioner who has to take into account the resulting non-factual nature of the return of the securities. The pensioner shall be credited with a monetary claim against the pension provider at the level of the agreed repayment amount. The pension provider shall, instead of the securities, collect a claim for the return of the securities. (2) securities acquired in the course of unreal repurchase transactions by the pensioner must be deducted from the pension fund's portfolio; who, in their place, pays off the funds received by the pensioner. The transferee has to pay the securities to his stock instead of the funds which have been taken off. If the market price of the repaid securities is less than the agreed repayment amount,
1.
the refunded securities are to be added back to the pension fund's stock, which must take into account the amount of the agreed repayment amount to be taken into account by the pensioner; and
2.
a monetary claim against the pension provider shall be set off at the level of the agreed repayment amount in the case of the pensioner who has to depart the securities from the stock.
(3) Securities transferred in the context of lending operations shall be deducted from the stock of the distributor and shall be attributed to the borrower. The entleier must take into account a non-binding nature for the return of the documents, which is subject to a claim in the case of the distributor at the appropriate level. Unofficial table of contents

§ 6 Tax base

(1) The basis for assessment shall be:
1.
Payment appropriations in accordance with § 3 (1) (5) and (7) the market rates of the underlying securities in the case of a commercial market valuation,
2.
Payment appropriations in accordance with § 3 (1) no. 6 the values of the underlying assets determined in accordance with the relevant valuation principles of the respective central bank account minus the amount of the assets provided by the central bank of the central bank concerned. Assessment abatation,
3.
Payment appropriations in accordance with § 3 para. 1 no. 8 the withdrawal prices,
4.
Payment appropriations in accordance with § 3 para. 2 no. 8 and payment obligations pursuant to § 4 (2) No. 7 to 9 the repayment amounts,
5.
securities and value-paper-related assets and liabilities in the context of pension and lending operations, the market rates of the securities in the case of a commercial market valuation;
6.
the other means of payment and the obligation to pay the carrying amounts.
Market rates are the courses officially recorded at the respective reporting date, or, if not available, the market values determined by the institution. If the securities are officially listed on several markets, the institution shall use market courses according to a method defined by the institute, which shall be applied and documented in a uniform and permanent manner. The determination of the market values is to be documented by the Institute for the last day of reporting, the reporting period of the past 24 months as well as for the current reporting period, and must be submitted at the request of the Federal Institute. With the exception of the means of payment referred to in the first sentence of 1 (2), debt securities and other fixed-income securities in the stock equal to 90 per cent of the carrying amount and listed shares and other non-fixed-income securities may be included in the stock in 80 per cent of the carrying amount shall be set if the institution does not carry out a commercial market assessment. Value adjustments for the country risk, flat-rate value adjustments and individual value adjustments are to be deducted from the book values of the asset items if they do not exclude the offsetting of the assets under section 3 (3) no. 1. (2) Is an institution For reporting reasons, it is not possible for the value adjustments to be deducted from the assets in question, it may apply a simplified procedure for the reduction of the value adjustments. In this case, corresponding to the proportion of eligible liquidity items in the total sum of all assets to which the value adjustments relate, the total value adjustments made by the means of payment shall be
a)
the run-time band 1 (standard procedure) or
b)
from all runtime bands (alternative methods)
on the market. If an institution decides on the alternative procedure, it shall take account of the maturity structure on which the payment appropriations are based upon deduction of the value adjustments. Individual value adjustments which result in a non-calculation of the claims and changes in question shall not be taken into account. Institutions that intend to take advantage of the simplified procedure must indicate this to the Bundesanstalt and the Deutsche Bundesbank before the first application. The indication shall indicate the value adjustments to be applied to the procedure and the assets to be included. The Bundesanstalt can prohibit the application of the simplified procedure if there are reasonable doubts that the liquidity-limiting effects resulting from value adjustments are not adequately represented. (3) One on a foreign The currency is to be converted into euro at the reference rate recorded by the European Central Bank on the day of the reporting date and published by the Deutsche Bundesbank (the euro reference rate). In the conversion of currencies for which no euro reference price is published, the central rates shall be based on fixed-date and sales prices on the date of the reporting date. (4) Institutions may, by way of derogation from paragraph 3, be used for the internal use of the currencies. Foreign currency conversion rates from their own risk models, which are permitted for prudential purposes, continue to be taken into account if they have already been consistent with them before 1 January 2014. Unofficial table of contents

§ 7 residual maturities

The remaining term shall be:
1.
the period between the date of the date and the due date of the respective means of payment and the payment obligations, subject to points 2 to 6,
2.
the period of notice in the event of unannounced cancellation, with a period of notice being added to the notice of notice,
3.
the period between the date of the reporting date and the maturity of the partial amount for claims and liabilities which are to be paid in instalments on a regular basis, irrespective of whether or not the sub-amounts contain an interest rate;
4.
the remaining business duration in the event of substantive claims arising from genuine pension and lending operations with securities within the meaning of Section 3 (1) as well as in the case of the resulting liabilities and securities of the pension provider from unreal Repurchase agreements,
5.
the remaining business duration plus the remaining maturity of the securities at the end of the transaction in the event of substantive claims arising out of real pension and lending transactions with securities other than those referred to in point 4, and in the case of such securities the resulting liabilities and securities of the pension provider arising from unreal repurchase transactions; and
6.
the remaining business period for monetary claims and cash liabilities arising from genuine and unreal repurchase transactions.
Early termination options shall be taken into account in the case of liabilities. They shall be disregarded in the case of receivings and securities in the stock. In the case of receivables and liabilities, which are regularly paid out in partial amounts, the repayment amounts shall be adjusted in the amount of the respective sub-amounts in the relevant maturity bands. Daily allowances and monies with daily dismissal shall not be deemed to be due on a daily basis. They will be treated like fixed-term fixed-term funds. Unofficial table of contents

§ 8 Regulation for building societies

By way of derogation from § § 3 to 7, building societies must account for the difference between the savings deposits and the building savings loans of 10 percent of the book values under the payment obligations according to § 4 (1) in the maturity band 1. The means of payment and payment obligations arising from the external collective business of the building societies are to be recorded in accordance with § § 3 to 7. Unofficial table of contents

§ 9 (omitted)

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§ 10 Use of institute-owned liquidity risk measurement and control procedures

(1) In order to assess the adequate liquidity, the Institute may use its own liquidity risk measurement and control procedure instead of § § 2 to 8 after a permanent election with the consent of the Federal Institute, if the conditions set out in paragraph 3, and the Bundesanstalt has confirmed its suitability for the purposes of this Regulation in writing at the request of the Institute. The Federal Institute may establish its consent to secondary provisions, in particular conditions, and to revoke an already granted consent if the institution no longer fulfils the conditions laid down in paragraph 3. (2) The suitability of an institute's own Liquidity risk measurement and control procedures are assessed on the basis of an audit carried out by the Bundesanstalt in cooperation with the Deutsche Bundesbank in accordance with § 44 (1) sentence 2 of the German Banking Act (Kreditwesengesetz) and is divided into Verification of suitability verified by inspection checks. Substantial changes to the liquidity risk measurement and control procedure require a new confirmation of suitability under paragraph 1. (3) The Institute has in particular the following requirements for the use of its own liquidity risk measurement. and the control procedure:
1.
The liquidity risk measurement and control procedure ensures an adequate ongoing investigation, taking into account the specific circumstances of the institute, the nature and complexity of the operations carried out and the size of the institution. Monitoring of liquidity risk and the liquidity situation is more in-depth and more appropriate than in the case of the application of § § 2 to 8. In particular, the liquidity risk measurement and control process should also provide information on expected short-term net flows, the possibility of receiving unsecured funding as well as the impact of stress scenarios. . The Institute shall regularly check compliance with the conditions set out in the first sentence.
2.
Based on the liquidity risk measurement and control procedure, the Institute has set up appropriate quantitative limits for liquidity risks, also taking into account stress scenarios (Limite), which it regulates regularly. checked. To this end, the Institute identifies parameters from its liquidity risk measurement procedure, which are particularly suitable for an aggregated representation of the risk of an insufficient liquidity of the institute, and documents the level of this sizes are exposed to an appreciable, medium and high risk of insufficient liquidity, as well as the measures to be taken to achieve one of the levels identified by one of the parameters.
3.
The Institute shall immediately notify the Deutsche Bundesbank and the Federal Institute in writing if one of the parameters referred to in point 2 exceeds the level of a medium or high risk of insufficient liquidity and reports on the Measures which it has taken and intends to take to eliminate the risks. The obligation to report the key figures in accordance with § 11 shall remain unaffected.
4.
The liquidity risk measurement and control procedure and the internal lice system are used for internal liquidity risk management and in the company management of the institute.
(4) An institution based in Germany, which is a parent company of an institute group or a financial holding group, and which fulfils the conditions laid down in Article 2a (5) of the Banking Act, or is the parent company and the parent company. According to § 2a paragraph 5 of the German Banking Act (Kreditwesengesetz), after a permanent election with the consent of the Federal Institute, the application of § § 2 to 8 may be accepted if the group of the institutes or the financial holding group, which belongs to the institute, uses its own liquidity risk measurement and control procedure and Bundesanstalt has confirmed its suitability in writing. Paragraphs 1 to 3 shall apply accordingly. Unofficial table of contents

Section 11 Notifications of the key figures

(1) The institutions of the Deutsche Bundesbank have to meet the requirements of § 2 according to the state of the reporting date at the end of the month, notifications with the forms according to Appendix 2 and 3, respectively, up to the 15th. The business day of the month following the date of the reporting date. At the request of the institute, the Federal Institute may grant an extension of the time limit. In the case of guarantee banks and credit guarantee groups, the provisions of the first sentence shall apply with the proviso that the notifications shall be made only twice a year from the date of the reporting date at the end of May and at the end of November each time up to the 15th day of the day. (2) The institution shall exercise the possibility of using its own liquidity risk measurement and control procedure in accordance with § 10, the Bundesanstalt shall submit a derogation from the following month. (3) The noti cations referred to in paragraphs 1 and 2 shall be published in accordance with the provisions of paragraph 1 of this Regulation. paperless procedures. The Deutsche Bundesbank shall publish on the Internet the record formats to be used for an electronic data submission in accordance with paragraph 1 and the submission path. She forwards the reports to the Federal Institute. Institutions shall keep the notifications pursuant to Appendix 2 and 3 for the current calendar year and the two previous calendar years. Unofficial table of contents

§ 12 (omitted)

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Section 13 Entry into force

This Regulation shall enter into force on 1 January 2007. Unofficial table of contents

Appendix 1 (omitted)

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Appendix 2 (to § 11 para. 1 sentence 1)
Meldevordruck LV 1

... (unrepresentable image of the "Meldevordrucks LV 1"
Fundstelle: BGBl. I 2006, 3124-3129; individual changes, see Footnote) Unofficial table of contents

Appendix 3 (to § 11 para. 1 sentence 1)
Meldevordruck LV 2

... (unrepresentable image of the "Meldevordrucks LV 2"
Fundstelle: BGBl. I 2006, 3130-3131)