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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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<strong>CP13</strong>/6<br />

<strong>CRD</strong> <strong>IV</strong> <strong>for</strong> <strong>Investment</strong> <strong>Firms</strong><br />

1.<br />

Overview<br />

Introduction<br />

1.1 The <strong>Financial</strong> <strong>Conduct</strong> <strong>Authority</strong> (FCA) is the competent authority (CA) under the <strong>Financial</strong><br />

Services and Markets Act (FSMA) <strong>for</strong> the prudential regulation of a large number of investment<br />

firms subject to the Capital Requirements Directive (<strong>CRD</strong>).<br />

1.2 This Consultation Paper (CP) sets out our proposed changes to the FCA Handbook as a result<br />

of the transposition of <strong>CRD</strong> <strong>IV</strong> – a major package of re<strong>for</strong>ms to the <strong>CRD</strong>, the EU’s prudential<br />

requirements regime <strong>for</strong> credit institutions and investment firms.<br />

1.3 The Prudential Regulation <strong>Authority</strong> (PRA) is publishing a separate CP on <strong>CRD</strong> <strong>IV</strong> as it applies<br />

to its authorised firms.<br />

Who does this consultation affect?<br />

1.4 The proposals in this CP apply principally to the following FCA authorised firms:<br />

• investment firms that are currently subject to the <strong>CRD</strong> including:<br />

––<br />

firms that benefit from the current exemptions on capital requirements and large<br />

exposures <strong>for</strong> specialist commodities derivatives firms; and<br />

––<br />

firms that only execute orders and/or manage portfolios, without holding client money<br />

or assets.<br />

• other firms in the investment sector (exempt-CAD firms, management companies – as<br />

defined under the UCITS Directive, Alternative <strong>Investment</strong> Fund Managers (AIFMs) – as<br />

defined under the Alternative <strong>Investment</strong> Fund Managers Directive (AIFMD)), subject to<br />

certain <strong>CRD</strong> <strong>IV</strong> provisions (e.g. on ‘initial capital’ in the Directive, etc.).<br />

1.5 The proposals in this CP do not apply to credit institutions (banks and building societies) or<br />

investment firms supervised by the PRA.<br />

6 July 2013<br />

<strong>Financial</strong> <strong>Conduct</strong> <strong>Authority</strong>

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