Regulatory Alerts2021-12-06
Added · Updated
Annex 1 to Instruction No. 2014-I-12: Presentation and Regulatory References for the Declaration Statement
Establishments subject to regulation must report amounts increasing or decreasing own funds or capital requirements as positive or negative figures, respectively, with negative signs indicating mandatory negative declarations. Electronic money institutions must report total own funds defined under Regulation (EU) No 575/2013 and calculate minimum capital requirements using Method D, requiring own funds to be at least 2% of the average electronic money in circulation. Institutions also offering payment services may calculate minimum capital using Method A (10% of fixed overheads), Method B (tiered payment volume scaled by factor k), or Method C (indicator from Method A multiplied by factors p and k). Institutions using the standard credit risk approach must maintain own funds determined according to the standard approach for total credit granted under Regulation (EU) No 575/2013.
Annex 1 to Instruction No. 2014-I-12 Presentation and Regulatory References for the Declaration Statement
Subject establishments must ensure that any amount increasing own funds or capital requirements is reported as a positive figure. Conversely, any amount reducing own funds or capital requirements is reported as a negative figure. When a cell label is preceded by a negative sign (-), only a negative amount may be declared.
CAEFP_EME Statement (Calculation Methods for Capital Requirements Specific to Electronic Money Institutions)
Subject establishments must report on line 1 the total amount of their own funds defined in accordance with Regulation (EU) No 575/2013 and declared on the CA1 statement as defined in Annexes I and II of Commission Implementing Regulation (EU) 2021/451 of 17 December 2020.
Subject establishments must calculate the minimum capital requirement for the issuance and management of electronic money using Method D as set out in Article 35 of the Order of 2 May 2013 on the prudential regulation of electronic money institutions.
Method D: The amount of own funds must, at all times, be greater than or equal to 2% of the average electronic money in circulation.
Subject establishments that also offer payment services must calculate the minimum capital requirement using one of the three methods provided for in Articles 29 to 31 of the Order of 29 October 2009 on the prudential regulation of payment institutions:
a) Method A: The amount of own funds must, at all times, be greater than or equal to 10% of the fixed overheads of the previous year under the conditions set out in Article 29 of the Order of 29 October 2009; b) Method B: The amount of own funds must, at all times, be greater than or equal to the sum of the payment volume tiers calculated under the conditions set out in Article 30 of the Order of 29 October 2009 and multiplied by the scaling factor k as defined by the same article; c) Method C: The amount of own funds must, at all times, be greater than or equal to the indicator defined in point a) multiplied by factor p determined in point b) of Article 31, and by factor k defined in Article 30 of the Order of 29 October 2009.
Subject establishments using the standard credit risk approach must have an amount of own funds as determined for the standard credit risk approach in Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms, with regard to the total amount of credit granted.