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

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

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FCA 2013/xx<br />

basis.<br />

8.2.13 G In deciding whether a transaction is at arm's length, the following factors<br />

should be taken into account:<br />

(1) the extent to which the person to whom the firm has an exposure ('A')<br />

can influence the firm's operations through, <strong>for</strong> example, the exercise<br />

of voting rights;<br />

(2) the management role of A where A is also a director of the firm; and<br />

(3) whether the exposure would be subject to the firm's usual monitoring<br />

and recovery procedures if repayment difficulties emerged.<br />

9 Capital buffers<br />

9.1 Application<br />

9.1.1 R IFPRU 9 applies to an IFPRU investment firm, unless it is one of the<br />

following:<br />

Purpose<br />

(1) an IFPRU limited licence firm; or<br />

(2) an exempt IFPRU commodities firm.<br />

9.1.2 G This chapter implements articles 129 (part), 130 (part), 140 (part), 141, 142<br />

(part) of <strong>CRD</strong>.<br />

9.2 Capital conservation buffer<br />

9.2.1 R A firm must calculate a capital conservation buffer of common equity tier 1<br />

capital equal to 2.5% of its total risk exposure amount.<br />

[Note: article 129(1) (part) of <strong>CRD</strong>]<br />

9.3 Countercyclical capital buffer<br />

Main requirement<br />

9.3.1 R A firm must calculate a countercyclical capital buffer of common equity tier 1<br />

capital equal to its total risk exposure amount multiplied by the weighted<br />

average of the countercyclical buffer rates that apply in the jurisdictions<br />

where the firm’s relevant credit exposures are located.<br />

[Note: article 130(1) (part) of <strong>CRD</strong>]<br />

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