Chapter 1. Introductory provisions
The law's content
section 1 of this Act contains provisions which complement
European Parliament and Council Regulation (EC) no 575/2013 of
on 26 June 2013 on prudential requirements for credit institutions and
investment firms and amending Regulation (EC) no
648/2012 (prudential regulation).
The Act also contains provisions that implement elements of the
European Parliament and Council Directive EU of 26
June 2013 if access to the activity of credit institutions
and the prudential supervision of credit institutions and investment firms, if
Amendment of Directive 2002/87/EC and repealing Directive
2006/48/EC and 2006/49/EC (capital adequacy directive).
Definitions
section 2 of this Act means
1. EEA: European economic area,
2. institutions: credit institutions and securities companies,
3. credit institutions: banks and credit market companies under
Act (2004:297) on banking and finance law, and
Swedish skeppshypotekskassan,
4. investment companies: a Swedish Corporation that has a
permission to operate securities operations under the Act
(2007:528) securities market, and that is not a
banking company or a credit market company according to the Act on
banking and finance law.
Terms and expressions in the remainder of this Act have the same meaning
as in prudential regulation.
The European company and the European cooperative
section 3 of the terms of the European company and the European cooperative with such
management bodies referred to in articles 39 to 42 of the Council
Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute
for the European company or articles 37 to 41 of Council regulation
(EC) No 1435/2010 of 22 July 2003 on the Statute for the
European cooperative society (SCE)
It is said in Chapter 6. 10 and 12 of the though
Member of the Board of Directors on the Board of the regulatory body.
To the provisions referred to in the first subparagraph shall apply
also on the Board of an SE or an
European cooperative management or administrative body is shown
the second paragraph of section 16 of the Act and section 22 (2004:575) if
European companies, as well as paragraph 21 and section 26 of the Act (2006:595)
If the European cooperatives. Law (2015:189).
Fund management companies, payment institutions and aifm
section 4 that some provisions of this law also apply to
Fund management companies, payment institutions and aifm is shown by 2
Cape. 10 and 10 a of the Act (2004:46) about mutual funds, 3
Cape. section 2 of the Act (2010:751) on payment services and Chapter 7. 6 and 6
(a) of the Act (2013:561) on alternative
investment funds.
Prudential regulation
§ 5 the provisions of supervisory regulation according to
the regulation applies to credit institutions shall also apply for
such credit institutions under the Act (2004:297) on banking and
financing business not covered by the regulation
definition of credit institutions.
The provisions of prudential regulation as referred to in
the regulation applies to investment firms shall apply
even for such securities companies which are not covered by
the definition of investment firm.
The provisions of prudential regulation as referred to in
the regulation applies to credit institutions shall, with the exception of
the provisions on large exposures, also apply for
Swedish skeppshypotekskassan.
Competent authority
paragraph 6 of the financial supervisory authority is the competent authority in accordance with
prudential regulation and supervision of the regulation
and this law is followed.
The financial supervisory authority is the responsible authority for that in accordance
with article 458 of the prudential regulation adopting specific
macroprudential measures.
In terms of supervision and the ability to act against institutions
the provisions of the laws governing the institutions '
activities, unless otherwise provided by this Act.
Chapter 2. Specific capital base and liquidity requirements
In particular, the own funds requirements
section 1 of the financial supervision authority shall decide that an institution shall
meet a specific own funds requirement in excess of the capital base
required under regulation and supervision Act (2014:966) on
capital buffers, if
1. one of the requirements in Chapter 6. 1 – 3, 4 a, 4 b and 5 § § the Act
(2004:297) on banking and finance law or Chapter 8. 3 – 8
§ § the Act (2007:528) securities market is not
fulfilled,
2. in the context of a review and evaluation of the Institute
deemed necessary to cover the risks to which the institution is
or may be exposed to risks and Institute
exposes the financial system, or
3. it is likely that the Institute within 12 months
longer will comply with its obligations under the first
subparagraph 1.
The financial supervision authority may refrain from deciding if a particular
own funds requirement if a breach is minor or excusable,
If the Institute does its correction or any other authority has
taken action against the Institute and these measures are expected to
sufficient.
The first subparagraph shall not apply where the offence is so serious
Instead, the business licence shall be revoked.
section 2 If an institution meets the own funds requirement according to
prudential regulation and the special capital base requirements
follows from a decision under paragraph 1, but not the capital requirements
According to the law (2014:966) on capital buffers,
the provisions concerning intervention in Chapter 8. the law on
capital buffers are applied.
In particular the liquidity requirements
paragraph 3 of the financial supervision authority shall decide that an institution shall
meet a special liquidity requirements, if necessary
to cover the liquidity risks that an institution is or
may be exposed to and the risks an institution exposes
the financial system.
Chapter 3. Requirements on a consolidated basis
Responsible institutions
1 § responsibility for compliance with the requirements of paragraph 2 are met, it has institutions
1. which is not a subsidiary of another institution, a
Swedish financial holding company or a Swedish mixed
financial holding company, or
2. the parent undertaking of which is a financial
holding company, Swedish mixed financial holding company
or mixed financial holding company which are not
subsidiaries of an institution, a Swedish financial
mixed financial holding company or a Swedish
holding companies.
If such a holding company or a mixed financial
holding company referred to in the first subparagraph 2 is the parent company
to both a credit institution and an investment firm, is
the credit institution is responsible for ensuring that the consolidated
the requirements are met.
Where a financial holding company or a mixed
financial holding company is the parent company to two or
several credit institutions or to two or more
securities companies, is responsible the credit institutions and
securities companies with the largest balance sheet total of
to the consolidated requirements are met.
Equity/assets ratio and risk management
paragraph 2 of the lead institution under section shall ensure that
requirements for solvency and risk management in Chapter 6. section 1 and section 2
second subparagraph, Act (2004:297) on banking and
financing business or Chapter 8. section 3 and section 4, second subparagraph
Act (2007:528) securities market met on
group level in accordance with the provisions of articles 18 to 24 of
prudential regulation.
Requirements on class level
3 § even if an institution is not the responsible institution
According to paragraph 1, it shall ensure that the requirements laid down in paragraph 2 are applied to
subgroup level, if
1. the institution or its parent company, when the parent undertaking is
a financial holding company or a mixed financial
holding company, a subsidiary or have ownership interest
in a subsidiary, and
2. the subsidiary is a foreign institution, financial
institution or a trust company which is established in a
countries outside the EEA.
With management company means a foreign company which in its
homeland has permission to manage UCITS.
Requirements for parent and subsidiary companies
4 of a parent or subsidiary companies under supervision
under this law, on a consolidated or sub-consolidated basis meet
requirements in Chapter 6. paragraph 2 of the first subparagraph and paragraph 3 of the Act (2004:297)
of banking and finance law and Chapter 8. section 4 first
subparagraph, and paragraph 5 of the Act (2007:528) securities market if
risk management and transparency.
The company will also introduce arrangements, processes and mechanisms
under the first paragraph of their subsidiaries established
in a country outside the EEA.
The financial supervision authority shall, at the request of the company, may decide
If exemption from the requirement in the second paragraph, if the company can
view that such inclusion is contrary to the law of the country
where the subsidiary is established.
The management of a financial holding company
paragraph 5 of The included in the management of a financial
holding company or a mixed financial holding company
shall have sufficient insight and experience to participate in
the management of the company and also be suitable for a
such a task.
Chapter 4. Supervisory responsibilities at group level
Supervisory authority
section 1 of the financial supervision authority shall exercise supervision over the
consolidated requirements, if
1. parent undertaking is an institution,
2. the financial holding company or mixed
financial holding company is the parent company to a
institutions, but not to any equivalent foreign company
within the EEA,
3. the financial holding company or mixed
financial holding company established in Sweden and is
the parent company to institutions and corresponding foreign companies
within the EEA,
4. There are two or more financial holding companies or
two or more mixed financial holding companies with
head offices in different countries within the EEA, including Sweden, which
is the parent company to both institutions and a corresponding foreign
companies within the EEA, and an Institute is the daughter company
has the largest balance sheet total, or
5. the financial holding company or mixed
financial holding company is the parent company to two or
several institutions and corresponding foreign companies that are not
authorized in the country in the EEA where the holding company is
established, and the Institute has the largest
the balance sheet total.
The financial supervision authority shall exercise supervision on inspection
together with the other relevant competent authorities will
agree on it under paragraph 3.
In Chapter 7. provisions on the supervision of an institution whose
the parent company has its head office outside the European economic area and is a
equivalent foreign company, a financial holding company
or a mixed financial holding company.
2 § When the financial supervision authority shall exercise supervision pursuant to paragraph 1 of the
first paragraph 3 – 5, inspection, agree with other
competent authorities concerned that another competent
authority in the EEA than supervisory authority shall be responsible for supervision.
The financial supervision authority may enter into such an agreement, if the
is inappropriate to the Inspectorate is responsible for the supervision of
regard to the institution and the corresponding foreign companies it
and the relative importance of their activities in the
different countries.
In such a case, the parent institution within the EEA, the
parent financial holding company in the EEA, the mixed
financial holding company or Institute or
corresponding foreign companies which have the largest
the balance sheet total, as applicable, the given
opportunity to be heard before the financial supervisory authority and the
other competent authorities included the agreement.
The European Commission and the European banking authority shall
be informed of such a deal.
3 § If it would be inappropriate in view of the Institute
or equivalent foreign companies concerned and the
relative importance of their activities in the different countries
to regulatory control is exercised and maintained by the authority pursuant to article
111(3) and 111.4 in capital adequacy directive shall exercise the
consolidated supervision, the financial supervision authority may agree
with the other relevant competent authorities that
supervisory authority or any other competent authority responsible
for the purposes of supervision.
In such a case, the parent institution within the EEA, the
parent financial holding company in the EEA or Institute
or equivalent of foreign companies that have the greatest
the balance sheet total, as applicable, the given
opportunity to be heard before the financial supervisory authority and the
other competent authorities included the agreement.
The European Commission and the European banking authority shall
be informed of such a deal.
Decision at the group level of capital base and, in particular,
liquidity requirements
4 § After the financial supervisory authority responsible for the supervision of
group level under, Inspectorate shall submit a report
includes a risk assessment of the group to other concerned
competent authorities.
§ 5 Within a month from the financial supervisory authority has provided
a report pursuant to paragraph 4, to the inspection attempt to agree
with other relevant authorities if the decision should
taken in accordance with Chapter 2. section 3 in respect of the essential
results of the liquidity supervision. The agreement shall take
account of the results that emerged related to
institutions ' organisation, risk management and the need for
Special liquidity requirements for specific institutions.
Within four months after the report has been submitted,
the inspection, try to agree with the other relevant
competent authorities on which decisions should be taken in the case
whether the level of the Group's capital base is sufficient
account of the Group's financial situation and risk profile
as well as the capital base level required to apply Chapter 2. 1 §
on both individual units as the group as a whole.
paragraph 6 of the financial supervision authority is necessary to make a decision in
accordance with the agreement. The decision and the reasons for it
should be reported in writing and sent to the other competent
authorities and to the parent Institute within the EEA.
If an agreement cannot be reached, the financial supervisory authority on
the request of any of the other competent authorities consulted
with the European banking authority. The inspection may also consult
with the European banking authority on its own initiative.
paragraph 7 of the agreement in accordance with paragraph 5 of has not been met within the
the specified time limits, the financial supervisory authority, with
regard to the other competent authorities of
the risk of the subsidiaries, alone make a decision on
group level.
If financial supervisory authority responsible for the supervision of
subsidiaries of a parent institution within the EEA,
financial holding company in the EEA or a mixed
financial holding company in the EEA, shall the inspection take
a decision as referred to in section 6, at the individual level or
in the group level. The decision should take into account the inspection
views expressed by the foreign competent authority
who is responsible for the group supervision.
If one or more of the other competent
authorities, within four months from the
The financial supervisory authority has submitted its report pursuant to paragraph 4 has
referred the matter to the European banking authority in accordance
with article 19 of Regulation (EC) no 1093/2010 of 24
November 2010 establishing a European
(European banking authority), amending Decision No
716/2009/EC and repealing Commission decision
2009/78/EC, the inspection defer their decision according to
the first paragraph and await the decision of the European
the Bank may be taken by the authority pursuant to article 19(3) of
the same regulation. The FSA will comply with the decision in
the thing from the European banking authority.
The FSA may not refer a matter to the
The European banking authority after the four-month period
or after a joint decision has been reached.
section 8, a decision as referred to in section 6, taken by a
foreign competent authority after an agreement with
other competent authorities or due to the competent
authorities have not reached agreement within the time limits
specified in section 5 applies in Sweden. The decision is binding on the
The Swedish financial supervisory authority, and it should be the basis for
supervision.
§ 9 decision taken under section 6 or 7 shall be reviewed
annually. A decision may also, exceptionally, be reviewed on a
the competent authority responsible for the supervision of subsidiaries
of a parent or a financial institution within the EEA
holding company in the EEA or a mixed financial
holding company in the EEA in writing requesting it in
The financial supervisory authority and, at the same time, the reasons for the request.
section 10 If a mixed financial holding company within the scope of
equivalent provisions on consolidated supervision and oversight
the conglomerates, in particular with regard to risk-based supervision,
the financial supervision authority may, after consultation with the other competent
the authorities responsible for the supervision of subsidiaries, grant
derogation from the relevant parts of this law and regulations
issued under this Act so that the mixed
financial holding company only needs to apply the
relevant provisions of the conglomerate.
If a mixed financial holding company within the scope of
equivalent provisions for supervision on a consolidated basis, and if extra
supervision of insurance undertakings in an
insurance group, in particular with regard to risk-based
supervision, the financial supervision authority may, after consultation with the relevant
authorities responsible for the supervision of insurance undertakings
grant a derogation from the relevant parts of this law so that it
mixed holding company only need to apply the relevant
the rules for the largest sector according to Chapter 2. paragraph 3 of the
the Act (2006:531) on special supervision of financial
conglomerate.
The financial supervision authority shall inform the European banking authority
and the European insurance and occupational pensions authority
decision as the inspection pursuant to the first subparagraph.
Chapter 5. Oversight of internal methods
Ongoing review of internal methods
section 1 of the financial supervision authority shall, at least every three
years, scrutinize how an institution meets the requirements of such
methods that require the authorisation of the competent authorities
before they can be used to calculate the own funds requirements of
accordance with articles 92 to 386 in prudential regulation. At
the assessment shall in particular attention to changes in the
the Institute's business and how internal methods
applied to new products.
section 2 If it is found that an institution's internal methods
under section means substantial in terms of the ability to
identify risks, the financial supervision authority shall ensure that
the Institute addresses the methods or takes the necessary
measures to reduce the consequences of them.
section 3 If an institution authorised to use
by a method referred to in paragraph 1 no longer meets the requirements for
use of the method, the financial supervision authority may require that the
Institute
1. show that the consequences of non-compliance is
insignificant, or
2. presents an action plan to meet again in good time
requirements and specify a period within which the plan will be implemented.
paragraph 4 if it is considered unlikely that the action plan
presented leads to requirements will be met or
If the time limit for implementing it is not
satisfactory, the financial supervision authority shall require
improvements to the plan. If it is unlikely that the Institute
within an appropriate time limit to comply with the
applicable requirements or if the institution is not in a
satisfactory way manages to show that the consequences of
faults are immaterial, shall state that the
use of either method is limited to areas where
the requirements can be met within an appropriate time-limit or
recalled.
§ 5 if it is for an internal market risk model occurs
repeated exceedance, as referred to in article 366 of the
prudential regulation, and suggests that the model is not
sufficiently precise, the financial supervisory authority to revoke
State of the Institute to use the model or
take appropriate measures to ensure that the Institute
urgently improve the model.
Corrective measures at the supervision of internal methods
paragraph 6 of the financial supervision authority may take such corrective measures
an institution's internal methods if it can be clearly established
the Institute's methods leads to an underestimation of
capital base requirements that cannot be attributed to differences in
exposures or the underlying risks.
The corrective actions shall be aimed at targets in a
internal method is maintained.
Chapter 6. Enterprise task to the FSA
Companies shall disclose
paragraph 1 of the following companies shall submit to the financial supervision authority the
information about their activities and related
circumstances that the inspection request for oversight:
1. any undertaking which is subject to supervision on the basis of its consolidated
situation under this law or under a foreign public
Regulation based on the solvency ratio directive,
2. other subsidiaries of an institution or a
financial holding company or a mixed financial
holding companies other than those referred to in 1,
3. mixed-activity holding company and subsidiaries
to the mixed-activity holding company,
4. mixed financial holding companies, and
5. undertakings entrusted with the operation of an institution or a
financial holding company, mixed
activities or mixed financial holding company that
perform a particular job or certain features.
If the company does not provide this information to
The Swedish financial supervisory authority, the supervisory authority shall submit to the company to
do it.
section 2 of the parent undertaking shall publish information relating
the Group's legal structure, governance and
organizational structure.
Cooperation and exchange of information with foreign authorities
paragraph 3 of the financial supervision authority shall in its supervisory activities work together
and exchange information with the following authorities in the
extent permitted by Sweden's membership in the EU:
1. the other competent authorities,
2. the European banking authority,
3. The European systemic risk Board,
4. The European Securities and markets authority, and
5. authorities in the EEA which have oversight over
insurance companies.
If an emergency situation arises in Sweden that can compromise
the liquidity of financial markets or the stability of the
financial system in any country within the EEA,
Finansinspektionen in its supervisory activities work together and
exchanging information, even with other relevant authorities within
The EEA, the European banking authority and the European
systemic risk Board to the extent arising out of Sweden's
membership of the EU.
paragraph 4 of the financial supervision authority may refer the matters related to a
procedure by another competent authority in the EEA to
The European banking authority of dispute resolution in the cases
evidenced by articles 112 (2), 116 and 133 in
the capital adequacy directive.
§ 5/entry into force: 2015-10-01/
The FSA may also refer such questions as
referred to in paragraph 4 of the resolution to the European banking authority
in accordance with article 41(2), 43.5, 50(4), 51(2) of the
the capital adequacy directive.
paragraph 6 of the financial supervision authority shall, at the request of a competent
authority in another country within the EEA, within the framework of their
the power supply or control information needed
to the foreign authority to exercise its oversight.
The foreign authority may attend a control
is done by inspection.
section 7 of the Companies which, according to prudential regulation under
supervision on the basis of their consolidated situation and subsidiaries
to an institution or a financial holding company or
a mixed financial holding company which are not covered by
the provisions on consolidated supervision, shall leave the
data required for regulatory statement to the
companies which, according to prudential regulation should establish
consolidated General Ledger or aggregated information.
The first paragraph also applies to a Swedish company in relation
to a foreign company in the EEA which shall establish and provide
in a report, according to prudential regulation.
Survey
paragraph 8 of the financial supervision authority may, where the inspection is of the opinion that the
needed for supervision, make surveys of
1. undertakings under section 7 shall disclose information as well as in
financial holding companies, mixed
activities and mixed financial holding companies to
check the consolidated General Ledger or aggregated
the information that companies are required to submit,
2. undertakings which have been commissioned by an institution or a
holding company referred to in 1 to perform a particular job
or some functions, and
3. undertakings in a group as financial supervisory authority according to
Chapter 4. § 1 shall supervise.
Information obligation for institutions which are exempt from
supervision on a consolidated basis
section 9 If a subsidiary undertaking which is an institution is exempt
from the scope of consolidated supervision pursuant to
Article 19 of the prudential regulation, the parent of
The FSA provide the information that the inspection
considers that the need for their oversight of the Institute.
Professional secrecy
section 10 A member of the Board of directors or executives of a
financial holding company or a mixed financial
holding companies in the property, knowledge of
business relationships of a company under section 7 shall disclose
information, must not improperly disclose what he or she is a
know, nor make use of the knowledge in the battle with the
supplying the company's interest.
Task to investigators or prosecutors
section 11 of the financial holding companies and mixed
financial holding company is required to disclose information
If an individual's relationship to the company, if during a
investigation in accordance with the provisions of preliminary investigation in criminal cases
requested by the investigators or whether, in a case about the
legal assistance in criminal matters at the request of another State
or an International Court is requested by prosecutors.
Message ban
section 12 of The investigators or prosecutors request
functions under section 11 may provide that the holding company as well as
its Board members and employees may not disclose to the customer
or for any third parties that information has been provided in accordance with
section 11 and that there is an investigation or case
on legal assistance in criminal matters.
Such a ban may be decided if required to a
investigation of crimes should not be compromised or to meet
an international agreement which is binding for
Sweden. The ban should be limited in time, with the possibility of
extension, and may not be for longer than is
justified by the purpose of the ban. In a case
on legal assistance in criminal matters may, however, the ban be limited
only if the State or international court applied for
legal assistance agrees to this.
If a prohibition is no longer justified with regard to the purpose of the
with it, the-patient basis or the Prosecutor may decide to
the ban is repealed.
Chapter 7. Parent undertakings outside the EEA
(1) If an institution is not under supervision on a consolidated basis
According to article 111 of the solvency directive and its
the parent company is a foreign institution or such
financial holding company or a mixed financial
holding company which has its head office outside the European economic area, for 2
and 3 sections if the financial supervision authority pursuant to Chapter 4. 2 – 4 sections
would have exercised oversight of the group if the provisions
had prevailed.
section 2 of the financial supervision authority shall verify whether the consolidated
supervision exercised by the supervisory authority in the country outside
The EEA is equivalent to consolidated supervision as defined in
articles 11 to 24 in prudential regulation and Chapter 4. This law.
The financial supervision authority shall perform the inspection at the request of the
the parent undertaking or of an Institute, Institute for
electronic money or a corresponding foreign company
included in the Group and authorised in the EEA.
Before considering whether the FSA supervision is
equivalent, the inspectorate told the other competent
authorities in the EEA. The inspection will also be before the
the opinion of consulting the European banking authority.
3 § If supervision is not equivalent to
The Swedish financial supervisory authority to apply the provisions on consolidated
enforcement in articles 11 to 24 in prudential regulation and Chapter 4.
This act as if the parent company had its head office in
The EEA.
After consulting the other competent authorities concerned,
The FSA instead decide to use other
supervisory practices to ensure that institutions in
the group is subject to adequate oversight.
The inspection will then submit to the owner of the Institute to
set up a financial holding company or a mixed
financial holding company headquartered in the EEA and
to apply the provisions of this law on institutions in the
business group headed by this holding company.
The financial supervision authority shall inform the competent
authorities, the European Commission and the European
banking authority when such other regulatory methods referred to in
the second paragraph is used.
Chapter 8. Intervention and liability provision
Injunctions and penalties
(1) If an institution or a company does not comply with the requirements of
prudential regulation, this Act or the regulations that
issued pursuant to the Act, the financial supervision authority shall submit to the
institution or company that within a certain time limit
movement in any respect, reduce risks in it, or take
some other action to remedy the situation.
If an institution is violating prudential regulation, this Act
or regulations issued under the law, the
In addition, the provisions concerning intervention in the laws governing
institutions ' activities.
section 2 of the financial supervision authority shall submit a financial
holding company or a mixed financial holding company or
a mixed-activity holding company to take action
to make the correction, if the holding company does not meet the
requirements imposed on it under this law enforcement regulation
or regulations issued under the law. A
such a procedure should also be directed towards a financial
holding company or a mixed financial holding company,
whose leadership does not comply with the requirements of this Act.
section 3 Of the financial supervisory authority Announces notice under this
law, inspection join order with penalty.
Late payment fee
section 4 If an institution, a financial holding company, a
mixed financial holding company or a holding company
mixed-activity holding company with headquarters in Sweden in time
to provide information in accordance with the provisions adopted pursuant to
prudential regulation, the financial supervision authority may decide to
the company shall pay a late charge with a maximum of 100 000
SEK.
The fee to the State.
paragraph 5 of the late payment fee shall be paid to the financial supervisory authority
within thirty days after the decision a final
or the longer period specified in the decision.
section 6 of the FSA's decision to remove the late fee may
be effected without previous judgment or order, if the fee
has not been paid within the period specified in section 5.
section 7 If the late payment fee is not paid within the time
set out in paragraph 5 of the financial supervision authority shall submit the unpaid
the fee for the recovery. Provisions for the recovery of
governmental claims Act (1993:891) for the recovery of
Government receivables, etc.
section 8 a late charge falls away to the extent
enforcement has not been made within five years after the
the decision was final.
The liability provision
section 9 to fine person who willfully or through gross
negligence violates a prohibition notice pursuant to Chapter 6. 12
§.
Chapter 9. Fees
1 § institutions regulated under
prudential regulation and this law with annual dues
pay for FSA's activities and Statistical
Central Agency activities under the Act (2014:484)
database for the monitoring and supervision of
financial markets.
The financial supervision authority may charge fees for the examination of
applications and notifications under prudential regulation and
This law.
If the FSA needs to hire someone with a particular
expertise for the evaluation of a given issue in monitoring
under this law, the cost of this is paid for by the
institutions supervision relates.
10 Cape. Appropriations
section 1 of the Government or the authority, as the Government determines
may provide that complements
prudential regulation of
1. disclosure of information and
supervisory reporting,
2. the calculation of the own funds requirement
as well as 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.
section 2 of the Government or the authority, as the Government determines
may 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
According to Chapter 6. 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.
section 3 of the Government may provide for fees under 9
Cape. Article 1, first and second subparagraphs.
11 kap. Appeals
paragraph 1 of the decision taken by the financial supervision authority notifies the according to this law
or pursuant to regulations adopted on the basis of
the law may be appealed to the administrative court. This
does not apply to decisions on matters referred to in section 20 of the first
paragraph 5 the Administrative Procedure Act (1986:223).
Leave to appeal is required for an appeal to the administrative court.
The financial supervision authority may decide that the decision shall apply
immediately.