2024-12-19

Guideline for Preparing Own Funds and Liquidity Reports under Art. 54 IFR - Reports for Small Investment Firms

The German Federal Bank issued this guideline to assist small investment firms in preparing annual own funds and liquidity reports under Article 54 of the Investment Firm Ordinance (IFR). It mandates submission by February 11th of the following year and specifies detailed calculation methods for capital requirements, fixed overheads, and liquidity buffers across six standardized templates. The document also clarifies rules for combined group values, defines threshold checks for business scope, and warns that failure to submit accurate reports constitutes an administrative offense.

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Guideline for Preparing Own Funds and Liquidity Reports under Art. 54 IFR

Reports for Small Investment Firms

Status: 19.12.2024

Change History

VersionChapterChange NoteDateName and Reference Number
0.1AllCreated24.01.2023Deutsche Bundesbank
1.0AllNew layout and minor corrections06.03.2023Deutsche Bundesbank
1.1Foreword and 1Change note on "combined values" and insertion of note on line 29006.07.2023Deutsche Bundesbank
1.23 + 4Adjustment of capital ratio calculations and fluctuation of fixed overheads01.03.2024Deutsche Bundesbank
1.3Foreword, 4, 5 + 6Supplements to general explanations and filling instructions for templates19.12.2024Deutsche Bundesbank

Table of Contents

  • Change History.....................................................................................................2
  • Foreword.......................................................................................................................4
  • 1 Template I 01.01 - COMPOSITION OF OWN FUNDS...................5
  • 2 Template I 02.03 – OWN FUNDS REQUIREMENTS................................8
  • 3 Template I 02.04 – CAPITAL RATIOS ..........................................................9
  • 4 Template I 03.01 – CALCULATION OF REQUIREMENTS FOR FIXED OVERHEADS..........................................................................................10
  • 5 Template I 05.00 – SCOPE OF ACTIVITY – CHECKING THRESHOLDS...................................................................................12
  • 6 Template I 09.01 – LIQUIDITY REQUIREMENTS ...............................17

Foreword

This guideline provides small investment firms with assistance regarding the reports under Article 54 IFR and should be seen as a supplement to Annex IV of the Implementing Regulation (EU) 2284/2021 (EUR-Lex - 32021R2284 - EN - EUR-Lex (europa.eu)).

The submission of the annual report is required for all small investment firms – regardless of the balance sheet date – by the reporting deadline of 31.12. until 11.02. of the following year.

We would like to point out that failure to submit or the erroneous submission of reports under Article 54 IFR constitutes an administrative offense under Section 83 (4) No. 4 of the Securities Trading Act (WpIG).

Correction reports are required:

  • if at least one "Error" occurs during validation,
  • if necessary in the case of a "Warning",
  • for correction postings in the context of the audit of the annual financial statements, and
  • if necessary upon determination of the annual financial statements.

Note on Form I 05.00 – SCOPE OF ACTIVITY – CHECKING THRESHOLDS (I5) (cf. Art. 12 (2) IFR) "Combined" values are to be reported in lines 0010, 0020, 0030, 0100, and 0110 under the following conditions: The investment firm is part of a group within the meaning of Article 2 No. 11 of Directive 2013/34/EU ("broad" group definition). See also the following relevant definitions of this article: 9. "Parent undertaking" an undertaking which controls one or more subsidiary undertakings; 10. "Subsidiary undertaking" an undertaking controlled by a parent undertaking including any subsidiary undertaking of a parent undertaking which is controlled indirectly; 11. "Group" a parent undertaking and all its subsidiary undertakings.

Furthermore, at least one other investment firm¹ must be located within this group. The reporting of combined values is independent of any possible obligation to submit reports on a consolidated basis pursuant to Article 7 in conjunction with Article 54 IFR. "Combination" means the addition of the values mentioned in Article 12 (2) sentence 1 IFR. The values of all investment firms belonging to the group are to be added. In their individual reports, the investment firms of such a group are to report the combined thresholds of their group in the same amount. When determining the combined annual gross total income, it should be noted that any double counting of gross income generated within the group may be disregarded.


¹ The investment firms to be taken into account include both investment firms with their seat within the EU and those with their seat in third countries.

1 Template I 01.01 - COMPOSITION OF OWN FUNDS

LinesPositionAmountNotes
0010OWN FUNDS = I 01.01Line 0020 + I 01.01Line 420
0020CORE CAPITAL (T1) = I 01.01Line 0030 + I 01.01Line 0300
0030COMMON EQUITY TIER 1 CAPITAL (CET1) = I 01.01Line 0040 to 0060 + Line 0090 to 0140 + Line 0290
0040Fully paid-up capital instruments
0050Share premium
0060Retained earnings = I 01.01Line 0070 + I 01.01Line 0080
0070Retained earnings of prior yearsCorresponds to the brought forward profit from the last approved annual financial statement (after profit distribution).
0080Creditable profitOnly profits recognized by an audited interim statement (requirements pursuant to Article 26 (2) CRR must be met).
0090Cumulative other comprehensive income
0100Other reserves
0110Minority interests included in Common Equity Tier 1 Capital
0120Deduction and adjustment items due to adjustments of Common Equity Tier 1 Capital (Prudential Filters)
0130Other fundsFor sole proprietors, this includes paid-in capital (fixed capital).
0140(-) TOTAL DEDUCTIONS FROM COMMON EQUITY TIER 1 CAPITAL (pay attention to sign!) = I 01.01Line 0190 to 0285Lines 0140 to 0285 require a negative sign.
0190(-) Losses of the current financial year
0200(-) Goodwill
0210(-) Other intangible assets
0220(-) Deferred tax assets dependent on future profitability not arising from temporary differences, net of related tax liabilities
0230(-) Qualified holdings outside the financial sector, the amount of which exceeds 15% of own funds
0240(-) Total amount of qualified holdings in undertakings other than financial sector undertakings, exceeding 60% of own funds
0285(-) Other deductions
0290Common Equity Tier 1 Capital: Other components of capital, deductions and adjustmentsA negative balance of the variable capital account of a sole proprietor must also be shown here.
0300ADDITIONAL CORE CAPITAL = I 01.01Line 0310 to 0410
0310Fully paid-up, immediately issued capital instruments
0320Share premium
0330(-) TOTAL DEDUCTIONS FROM ADDITIONAL CORE CAPITAL (pay attention to sign!)
0410Additional Core Capital: Other components of capital, deductions and adjustments
0420ADDITIONAL CAPITAL = I 01.01Line 0430 to 0520
0430Fully paid-up, immediately issued capital instruments
0440Share premium
0450(-) TOTAL DEDUCTIONS FROM ADDITIONAL CAPITAL (pay attention to sign!)A negative sign is mandatory here.
0520Additional Capital: Other components of capital, deductions and adjustments

2 Template I 02.03 – OWN FUNDS REQUIREMENTS

LinesPositionAmountNotes
0010Own funds requirement = higher sum from I 02.03Line 0020 or I 02.03Line 0030
0020Permanent minimum capital requirement75,000.00, 150,000.00 or 750,000.00Depending on the scope of permission of the institution at the reporting date (Art. 17 WpIG)
0030Requirement for fixed overheads = I 03.01Line 0010
Transitional own funds requirementsLines 0050 to 0090 are only to be filled out if at least one transitional provision is actually utilized.
0050Transitional requirement based on own funds requirements of the CRR
0060Transitional requirement based on requirements for fixed overheads
0070Transitional requirements for investment firms that previously fell only under a initial capital requirement
0080Transitional requirements based on initial capital requirements upon admission
0090Transitional requirements for investment firms not authorized to provide certain services
Additional information
0110Additional own funds requirement
0130Total own funds requirements = I 02.03Line 0010 + I 02.03Line 0110

3 Template I 02.04 – CAPITAL RATIOS

LinesPositionAmount
0010Common Equity Tier 1 ratio = I 01.01Line 0030 / I 02.03
0020Surplus (+) or deficit (-) of Common Equity Tier 1 capital = I 01.01Line 0030 – (I 02.03
0030Core capital ratio = I 01.01Line 0020 / I 02.03
0040Surplus (+) or deficit (-) of core capital = I 01.01Line 0020 - (I 02.03
0050Own funds ratio = I 01.01Line 0010 / I 02.03
0060Surplus (+) or deficit (-) of total own funds = I 01.01Line 0010 - I 02.03

4 Template I 03.01 – CALCULATION OF REQUIREMENTS FOR FIXED OVERHEADS

LinesPositionAmountNotes
0010Requirement for fixed overheads = ¼ * I 03.01Line 0020
0020Annual fixed overheads of the prior year after profit distribution = I 03.01Line 0030 + I 03.01Line 0050
0030Total costs of the prior year after profit distributionSum of ALL expenses from the most recent audited prior year financial statement at the reporting date (for short financial years, extrapolated to 12 months) or the planned values pursuant to Art. 13 (3) IFR for newly licensed institutions. Expenses each after profit distribution, WITHOUT deductions. Negative interest expenses and tax refunds do NOT reduce the costs.
0040Of which: Fixed expenses by third parties on behalf of the investment firm
0050(-) Total deductions (pay attention to sign!) = I 03.01Line 0060 to 0190Lines 0050 to 0190 require a negative sign.
0060(-) Premiums for employees and other remunerationNo claim to these payments may exist.
0070(-) Employee, management, and shareholder participations in net profits
0080(-) Other discretionary profit distributions and other variable remuneration
0090(-) Shared commissions and fees to be paid
0100(-) Fees, brokerage fees, and other fees paid to central counterparties that are billed to customers
0110(-) Fees to contractually bound intermediaries
0130(-) One-off expenses from unusual activities
0140(-) Expenses from taxes
0150(-) Losses from proprietary trading with financial instruments
0160(-) Contractual profit transfer and loss absorption agreements
0170(-) Raw material expenses
0180(-) Payments into a general banking risk fund
0190(-) Expenses related to items already deducted from own funds
0200Anticipated fixed overheads of the current yearExtrapolation for the year in which the reporting date falls.
0210Fluctuation of fixed overheads (%) = (I 03.01Line 0200 – I 03.01Line 0020) / I 03.01

5 Template I 05.00 – SCOPE OF ACTIVITY – CHECKING THRESHOLDS

LinesPositionThresholds per Art. 12 IFRAmountNotes
0010(Combined) Assets Under Management (AUM)AUM < 1.2 bn € (End-of-day value)AUM = Assets Under Management ("assets under management")<br>WP Services:<br>- Portfolio management<br>- Ongoing investment advice<br>For definition "combined" see Foreword.
0020(Combined) Client Orders Handled – Cash transactionsCOH < 100 mn €/Day (End-of-day value)COH = Client Orders Handled ("processed client orders")<br>WP Services:<br>- Investment intermediation<br>- Insurance intermediation<br>- Financial commission business<br>- Placement business<br>For definition "combined" see Foreword.
0030(Combined) Client Orders Handled – Derivatives transactionsCOH < 1 bn €/Day (End-of-day value)COH = Client Orders Handled ("processed client orders")<br>WP Services:<br>- Investment intermediation<br>- Insurance intermediation<br>- Financial commission business<br>- Placement business<br>For definition "combined" see Foreword.
0040Custodied and administered assetsASA = 0 € (End-of-day value)ASA = Assets Safeguarded and Administered ("custodied and administered assets")<br>WP Services:<br>- Custody and administration of financial instruments, including depot custody
0050Client money heldCMH = 0 €CMH = Client Money Held ("held client funds")
0060Daily trading flow – Cash and derivatives transactionsDTF = 0 € (End-of-day value)DTF = Daily Trading Flow ("daily trading flow")<br>WP Services:<br>- Insurance intermediation<br>- Proprietary trading<br>- Financial commission business
0070Net position riskNPR = 0 € (End-of-day value)NPR = Net Position Risk ("net position risk")<br>WP Services:<br>- Proprietary trading<br>- Underwriting
0080Clearing margin givenCMG = 0 € (End-of-day value)CMG = Clearing Margin Given ("paid clearing margin")<br>WP Services:<br>- Proprietary trading
0090Trading counterparty defaultTCD = 0 € (End-of-day value)TCD = Trading Counterparty Default ("trading counterparty default risk")<br>WP Services:<br>- Proprietary trading<br>- Underwriting
0100(Combined) total balance sheet and off-balance sheet sumBalance sheet total < 100 mn €Balance sheet total (and possibly additional off-balance sheet balance sheet positions) of the last approved annual financial statement².<br>For definition "combined" see Foreword.
0110Combined annual gross total income< 30 mn € = I 05.00Line 0140 to 0290Corresponds to the average of the gross total income (exclusively from securities services and investment activities) from the last approved¹ and the preceding financial year. For individual institutions, this position corresponds to the value stated in line 0120.<br>For definition "combined" see Foreword.
0120Annual gross total income = I 05.00Line 0110 + I 05.00Line 0130
0130(-) Group-internal portion of annual gross income (pay attention to sign!)A negative sign is required here.
0140Of which: Income from acceptance and transmission of ordersThese and the following positions refer to I 05.00 Line 0110. These are positive values. Line 0110 must at least correspond to the sum of lines 0140 to 0290.

² If the financial statement has not been created and approved after six months from the end of the last financial year, the investment firm uses a provisional financial statement (Art. 12 (1) IFR).

LinesPositionThreshold per Art. 12 IFRAmountNotes
0150Of which: Income from execution of orders
0160Of which: Income from proprietary trading
0170Of which: Income from portfolio management
0180Of which: Income from investment advice
0190Of which: Income from underwriting of financial instruments/placement with firm commitment
0200Of which: Income from placement without firm commitment
0210Of which: Income from operation of MTF
0220Of which: Income from operation of OTF
0230Of which: Income from custody and administration of financial instruments
0240Of which: Income from granting loans or advances to investors
0250Of which: Income from advising companies on capital structuring, industry-specific strategy and related questions as well as advice and services in connection with corporate mergers and acquisitions
0260Of which: Income from foreign exchange transactions
0270Of which: Securities and financial analysis
0280Of which: Income from services in connection with the underwriting of emissions
0290Of which: Securities services and ancillary services in connection with underlying derivatives transactions

6 Template I 09.01 – LIQUIDITY REQUIREMENTS

LinesPositionAmountNotes
0010Liquidity requirement = I 03.01Line 0010 / 3 1/3 of the requirement for fixed overheads.
0020Client guaranteesMax. 1.6% of client guarantees per Art. 45 IFR
0030Total value of liquid assetsLiquidity stock at the respective reporting date. Liquid assets are calculated in accordance with Article 43 (1) of the IFR, where short-term deposits at a credit institution are understood as demand deposits and time deposits with a maturity of up to one month.

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