Regulatory Alerts2013-08-20
Added · Updated
Leveraged financing by investment institutions
The document establishes supervisory obligations for managers of investment institutions regarding the use of leveraged financing under Article 3:18b of the Financial Supervision Act. Managers must demonstrate to De Nederlandsche Bank (DNB) that their leverage limits are reasonable and strictly adhered to. DNB is authorized to impose upper limits or further restrictions on leverage if necessary to safeguard financial system stability. Additionally, DNB shares information on leverage usage with other Member State supervisors, ESMA, and the ESRB to identify potential risks to EU financial market stability.
Base law
Art. 3:18b Wft (Refers to an external site)
Related websites
Autoriteit Financiële Markten (Refers to an external site)
Factsheet
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The implementation of the AIFM Directive in Dutch legislation has brought a new supervision task to DNB with respect to investment institutions, i.e. supervision on the extent to which investment institutions make use of leveraged financing. The supervision on the use of leveraged financing is important in view of prevention of system risks, which may occur e.g. due to failing risk management at an investment institution that manages substantial assets while making heavy use of leveraged financing. This form of supervision is also important as the continuity of the institution may come under threat if, due to failing risk management, the institution has no sufficiently clear perception of the risks that it is exposed to.
Published: 20 August 2013
The manager's obligations
The manager should prove to DNB that the limits for leveraged financing that the institution uses are reasonable and that the manager is adhering to them.
DNB's authority
DNB may set upper limits to the degree of leveraged financing used by the manager, or impose further restrictions on the manager with respect to the management of an investment institution if it believes that this is necessary in order to safeguard the stability of the financial system. This allows DNB to supervise the stability of the financial system. Safeguarding financial stability should be interpreted in a broad sense. Not all terms mentioned in the AIFM Directive (integrity of the financial system, danger of chaotic market conditions, risks to sustainable economic growth) were incorporated literally into Section 3:18b of the Financial Supervision Act, as these terms fall under the more commonly used term of 'financial stability of the system'.
Sharing of information by Member States
DNB shares the acquired information on the use of leveraged financing with the supervisors of the other Member States, ESMA and the ESRB. In this way, possible sources of risk to financial market stability in the EU are identified.
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Factsheet
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Base law
Art. 3:18b Wft (Refers to an external site)
Related websites
Autoriteit Financiële Markten (Refers to an external site)
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