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CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

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FCA 2013/xx<br />

set out but are outside the scope of its core activities.<br />

(3) In respect of the ‘unduly burdensome’ condition, the FCA considers<br />

that an adequate, but not perfect, proxy <strong>for</strong> the likely level of expertise<br />

available to a firm is whether its group has a trading book.<br />

Accordingly, if a firm’s group does not have a trading book, the FCA<br />

is likely to accept the argument that it would be unduly burdensome to<br />

implement a rating system.<br />

Permanent partial use: non-significant business units and immaterial exposure<br />

classes and types<br />

4.3.16 G Where a firm wishes permanently to apply the Standardised Approach to<br />

certain business units on the grounds that they are non-significant and/or<br />

certain exposure classes or types of exposures on the grounds that they are<br />

immaterial in terms of size and perceived risk profile the FCA expects to<br />

permit a firm to make use of this exemption to the extent that:<br />

(1) the risk-weighted exposure amount calculated under article 92(3)(a)<br />

and (f) of the EU CRR (based on the Standardised Approach), so far as<br />

it is attributable to the exposures to which the Standardised Approach<br />

is permanently applied being no more than 15% of the risk-weighted<br />

exposure amount calculated under article 92(3)(a) and (f) of the EU<br />

CRR (based on whichever of the Standardised Approach and the IRB<br />

Approach would apply to the exposures at the time when the<br />

calculation is being made);<br />

(2) if a firm is part of a group subject to consolidated supervision in the<br />

EEA and <strong>for</strong> which the FCA is the consolidating supervisor, the<br />

calculations in (1) are carried out with respect to the wider group;<br />

(3) if a firm is part of a group subject to consolidated supervision in the<br />

EEA and <strong>for</strong> which the FCA is not the consolidating supervisor the<br />

calculation in (1) will not apply but the requirements of the<br />

consolidating supervisor relating to materiality will need to be met <strong>for</strong><br />

the wider group;<br />

(4) if the firm is part of a sub-group subject to consolidated supervision in<br />

the EEA and part of a wider third country group subject to equivalent<br />

supervision by a regulatory authority outside of the EEA, the<br />

calculation in (1) will not apply but the requirements of that third<br />

country regulator relating to materiality will need to be met <strong>for</strong> both<br />

the sub-group and the wider group; and<br />

(5) if the firm is part of a sub-group subject to consolidated supervision in<br />

the EEA and is part of a wider third country group that is not subject<br />

to equivalent supervision by a regulatory authority outside of the EEA,<br />

then the calculation in (1) applies <strong>for</strong> the wider group if supervision<br />

by analogy applies and <strong>for</strong> the sub-group if other alternative<br />

supervisory techniques apply.<br />

The questions of whether a third country group is subject to equivalent<br />

supervision, whether it is subject to supervision by analogy or whether other<br />

Page 62 of 197

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