Introductory provisions
Article 1 this regulation lays down provisions supplementing
Act (2014:968) if special supervision of credit institutions and
securities companies and the law (2014:966) on capital buffers.
paragraph 2 of this regulation means
1. "competent authority" means the Swedish financial supervisory authority or another
authority within the European economic area (EEA)
supervising institution, Institute for electronic
money or the equivalent foreign companies,
2. the solvency directive: European Parliament and Council
Directive of the EUROPEAN UNION for permission to
the activity of credit institutions and the prudential supervision of
credit institutions and investment firms, amending
Directive 2002/87/EC and repealing Directive 2006/48/EC
and 2006/49/EC, in the original wording, and
3. prudential regulation: European Parliament and Council
Regulation (EC) no 575/2013 of 26 June
prudential requirements for credit institutions and investment firms and
amending Regulation (EU) No 648/2012.
Terms and expressions as used in this regulation
has the same meaning as in the Act (2014:968) on special
supervision of credit institutions and securities companies and the law
(2014:966) on capital buffers. Regulation (2015:181).
Information from the FSA
Information which the financial supervision authority shall provide
paragraph 3 of the financial supervision authority shall provide on its website
1. the laws and regulations and general advice
decided to implement the capital adequacy directive,
2. information on the extent to which the options
see the solvency directive have been used,
3. the general criteria and methodologies used by the
the review and evaluation process under section 9,
4. aggregated statistical data on the number of institutions,
capital requirements and other key aspects of the supervision
of institutions,
5. the information referred to in article 144 of the
the capital adequacy directive relating to the application of certain
provisions of prudential regulation, and
6. the information to be disclosed in accordance with articles
68, 131.12, 133.16 and 143(1) d in
the capital adequacy directive. Regulation (2015:181).
paragraph 4 of the financial supervision authority shall endeavour to provide
the information referred to in paragraph 3 of the 1 – 4 in a way that makes it
possible to compare the approach chosen in the
Sweden with the approach that the competent
authorities of other Member States have chosen. Information
shall be made publicly available in a common format and updated
on a regular basis.
section 5 of The regulations and general advice to be provided
on the website according to section 3 1, Financial inspections at
needs translate into English. Regulation (2015:181).
List of financial holding companies and mixed
financial holding companies
paragraph 6 of the financial supervision authority shall maintain a list of such
financial holding companies and mixed financial
holding companies referred to in article 11 of the prudential regulation.
The list shall be communicated to other competent authorities,
The European Commission and the European banking authority. At
any change to a new list.
Notifications to the European institutions
section 7 of the financial supervision authority shall inform the Commission of the European
the Commission, the European systemic risk Board, European
banking authority and the Council of the European Union in the
extent permitted by the capital adequacy directive.
Its relation to the public
the legal information system
section 8 of The information to be found on the FSA's
website under this Regulation shall be kept separate from the
some of the content in the public information system
According to information Ordinance (1999:175)
the Inspectorate is responsible for.
The Swedish financial supervisory authority
paragraph 9 of the financial supervision authority shall, in its supervision comply with the
provisions for the review and evaluation process contained in
Articles 97 to 101 in the capital adequacy directive.
International agreements
paragraph 10 of the financial supervision authority may conclude such international
agreements under article 115.1 in
the capital adequacy directive. However, this does not apply if
the agreement requires parliamentary or Utrikesnämndens
participation.
Cooperation with other competent authorities
section 11 of the financial supervision authority shall make use of the European
the Authority's central database at the aptitude examination
According to Chapter 3. 2 § 4 Act (2004:297) on banking and
finance law, Chapter 3. 1 § 5 Act (2007:528)
securities market and Chapter 3. section 5 of the Act (2014:968) if
special supervision of credit institutions and securities companies.
section 12 of the financial supervision authority shall, in the preparation of such a
supervisory examination programmes referred to in article 99 in
capital adequacy directive take into account the information provided
by the competent authorities of a host Member State if the results
in case of control and inspection of an institution's branch in the
the country.
13 § When the FSA decides on capital buffer for
other systemically important institutions, the supervisory authority to take into account that
the buffer must not cause disproportionate negative effects
in all or parts of the financial system in other
countries in the EEA or in the EEA as a whole, nor may
constitute or create a barrier to the single market
function.
The financial supervision authority shall at least once every year
of the capital buffer for other systemically important institutions.
The financial supervision authority shall annually revise the identification of
Global systemically important institutions and other systemically important
institutions, and the global positioning system important institutions
in subcategories.
section 14 If the FSA decides on systemic risk buffer for
other systemically important institutions, the supervisory authority to take into account that
the buffer must not cause disproportionate negative effects
in all or parts of the financial system in other
countries in the EEA or in the EEA as a whole, nor may
constitute or create a barrier to the single market
function.
The financial supervision authority shall at least once every year
of systemic risk buffer for other systemically important institutions.
section 15 of the financial supervision authority shall, where a decision on the recognition of
systemriskbuffertvärde another country pursuant to Chapter 4. 7 §
Act (2014:966) on capital buffers, take into account information
submitted by that country.
The financial supervision authority may invite the European systemic risk Board
to issue a recommendation in accordance with article 16 of the
Regulation (EU) no 1092/2010 to one or more countries
can recognize one of the Swedish financial supervisory authority established
systemriskbuffertvärde.
Appropriations
Appropriations under the Act (2014:968) if special supervision
of credit institutions and securities companies
section 16 of the financial supervision authority may provide that
complement to prudential regulation of
1. public disclosure and supervisory reporting,
2. the calculation of the own funds requirement and the own funds,
3. large exposures
4. exposures in real estate,
5. covered bonds,
6. liquidity requirements,
7. internal models for market risks,
8. the standard method for market risks,
9. the standardised approach to credit risk,
10. Irb approach to credit risk,
11. counterparty risk,
12. securitization,
13. the leverage ratio, and
14. the consolidation of the requirements on a consolidated basis.
in terms of section 17 of the Act (2014:968) if special supervision of
credit institutions and investment firms, the financial supervisory authority
Furthermore, provide for
1. the requirements under Chapter 3. § 5 shall be made on the
to be included in the management of a financial holding company or
a mixed financial holding company,
2. at any time, in any place and with which
interval institutions shall publish such information as
specified in articles 431-455 in prudential regulation,
3. what information the parent company is required to disclose pursuant to 6
Cape. section 2,
4. the factors to be taken into account in the determination of a
the appropriate level of own funds in connection with a review and
evaluation of an institution, and
5. the factors to be taken into account and, secondly, when considering
According to Chapter 2. section 3 of where an institution must meet a
in particular the liquidity requirements and, second, in the determination of a
the appropriate level for such special liquidity requirements in
connection with a review and assessment of an institution.
Appropriations under the Act (2014:966) on capital buffers
section 18 in relation to the law (2014:966) on capital buffers may
The FSA provide for
1. criteria for which securities companies, fund management companies and
Aifm in accordance with Chapter 3. paragraph 3 may be exempted from the requirement
to maintain a buffer requirement,
2. the principles to be taken into account when determining and
the grading of the systemic risk buffer according to Chapter 4. section 1,
3. the determination of the geographic affinity of exposures
with respect to the systemic risk buffer as well as how the geographical
systemriskbuffertkraven, consistent,
4. assessment criteria for when an institution shall be appointed to
Global systemically important or moved to a higher category of
Global systemically important institutions,
5. what other systemically important institutions should be identified and how
assessment of the associated kapitalbuffertkrav in accordance with 5
Cape. 3 and 4 sections,
6. which credit exposures in accordance with Chapter 6. paragraph 1 shall
taken into account in the calculation of the
the capital buffer,
7. the calculation of the weighted average of the
countercyclical buffertvärdena according to Chapter 6. section 1,
8. criteria for which securities companies, fund management companies and
Aifm in accordance with Chapter 6. paragraph 3 may be exempted from the requirement
maintaining a countercyclical capital buffer,
9. obligation on the institutions to enter their
geographic area of credit exposures,
10. how the maximum available amount in accordance with Chapter 8. paragraph 1 shall
be calculated and reported,
11. the requirement that a capital conservation plan under Chapter 8. 1 §
shall comply with, and
12. notification obligation in accordance with Chapter 8. § 5.
Enforcement regulations
section 19 of the financial supervision authority shall notify the
1. what applications under supervisory regulation, law
(2014:968) if special supervision of credit institutions and
securities companies and the law (2014:966) on capital buffers
should contain and what documents should be submitted
to the inspection;
2. such exposures referred to in Chapter 4. section 7 of the Act on
capital buffers,
3. to certain tasks according to Chapter 6. paragraph 1 of the law on
special supervision of credit institutions and securities companies
must be submitted to the financial supervision authority shall be submitted to
The central statistical office,
4. the determination of a countercyclical buffer Guide and
a countercyclical buffer value according to Chapter 7. paragraph 1 of the law on
capital buffers,
5. such exposures referred to in Chapter 7. paragraph 4 of the law on
capital buffers,
6. the setting of a countercyclical buffer value for
credit exposures in a country outside the EEA, in accordance with Chapter 7. paragraph 5 of the
the law on capital buffers, and
7. recognition of other Member States ' shorter transition period
for the countercyclical capital buffer under paragraph 5 of the law
(2014:967) on the introduction of the law (2014:966) on
capital buffers.
Consultation
20 § Before the FSA announces regulations pursuant to
of the 19 § 3, the Inspectorate give the Riksbank and Statistical
Central Office the opportunity to comment.
State aid to credit institutions
section 21/expires U: 2016-02-01/
When support is provided to the institution under the Act if (2008:814)
If State aid to credit institutions, to the principles of
variable remuneration and the remuneration structure set out in article
93 in the capital adequacy directive is complied with.
the entry into force of section 21/in: 2016-02-01/
When support is provided to the institution under the Act if (2015:1017) concerning the prevention of State aid to credit institutions, to the principles of variable remuneration and the remuneration structure set out in article 93 of the capital adequacy directive is complied with. Regulation (2015:1043).
