Retained EU Law SI 2019/2033 United Kingdom

Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (Text with EEA relevance)

Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Financial Services Firm27 Any Person1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Financial Services Firm — also bound by 167 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.art005 General principle Regulated
  • Comply with all prudential requirements in Parts Two to Seven on an individual basisFinancial Services Firm
s.art007 Prudential consolidation Regulated
  • Set up group consolidation structure for prudential reportingFinancial Services Firm
s.art009 Own funds composition Regulated
  • Maintain qualifying own funds at all timesFinancial Services Firm
s.art010 Qualifying holdings outside the financial sector Regulated
  • Deduct excess qualifying holdings in non‑financial sector entities from regulatory capitalFinancial Services Firm
s.art011 Own funds requirements Regulated
  • Maintain own funds at the highest of three minimum capital requirementsFinancial Services Firm
s.art015 K‐factor requirement and applicable coefficients Regulated
  • Monitor K-factors and notify regulator of material changesFinancial Services Firm
s.art018 Measuring CMH for the purpose of calculating K‐CMH Regulated
  • Calculate K-CMH using rolling average of client money heldFinancial Services Firm
s.art019 Measuring ASA for the purpose of calculating K‐ASA Regulated
  • Measure total daily safeguarded assets (ASA) for K-ASA calculationFinancial Services Firm
s.art021 RtM K‐factor requirement Regulated
  • Manage trading book and calculate RtM K-factor requirementFinancial Services Firm
s.art027 Calculation of exposure value Regulated
  • Treat each transaction separately if netting conditions are not metFinancial Services Firm
s.art035 Monitoring obligation Regulated
  • Monitor and control concentration riskFinancial Services Firm
s.art036 Calculation of the exposure value Regulated
  • Calculate exposure value for investment firms using prescribed methodsFinancial Services Firm
s.art037 Limits with regard to concentration risk and exposure value excess Regulated
  • Keep client exposure within concentration risk limits and manage any excessFinancial Services Firm
s.art038 Obligation to notify Regulated
  • Notify the regulator when concentration risk limits are exceededFinancial Services Firm
s.art040 Procedures to prevent investment firms from avoiding the K‐CON own funds requirement Regulated
  • Do not temporarily transfer exposures or enter artificial transactions to avoid K-CON requirementsFinancial Services Firm
s.art043 Liquidity requirement Regulated
  • Hold enough liquid assets to cover one third of fixed overheadsFinancial Services Firm
s.art045 Client guarantees Regulated
  • Hold additional liquid assets equal to 1.6% of client guaranteesFinancial Services Firm
s.art046 Scope Regulated
  • Publish annual financial disclosures on timeFinancial Services Firm
s.art047 Risk management objectives and policies Regulated
  • Disclose risk management objectives and policies for each risk categoryFinancial Services Firm
s.art048 Governance Regulated
  • Disclose governance details about your management body and risk committeeFinancial Services Firm
s.art049 Own funds Regulated
  • Disclose own funds information to regulatorsFinancial Services Firm
s.art050 Own funds requirements Regulated
  • Disclose capital adequacy, K-factor and fixed overheads informationFinancial Services Firm
s.art051 Remuneration policy and practices Regulated
  • Disclose remuneration policy details for risk‑taking staffFinancial Services Firm
s.art052 Investment policy Regulated
  • Disclose voting rights and voting behaviour for significant shareholdings in listed companiesFinancial Services Firm
s.art053 Environmental, social and governance risks Regulated
  • Disclose environmental, social and governance (ESG) risksFinancial Services Firm
s.art054 Reporting requirements Regulated
  • Report prudential information to the regulator quarterly (or annually if small)Financial Services Firm
s.art055 Reporting requirements for certain investment firms, including for the purposes of the thresholds referred to in Article 1(2) of this Regulation and in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013 Regulated
  • Report total assets monthly and quarterly if above EUR 5 billionFinancial Services Firm
s.art057 Transitional provisions Regulated
  • Commodity and emission allowance dealers: apply new rules from 26 June 2026Any Person
38 other provisions — procedural and definitional
s.art001 Subject matter and scope
s.art002 Supervisory powers
s.art003 Application of stricter requirements by investment firms
s.art004 Definitions
s.art006 Exemptions
s.art008 The group capital test
s.art012 Small and non‐interconnected investment firms
s.art013 Fixed overheads requirement
s.art014 Permanent minimum capital requirement
s.art016 RtC K‐factor requirement
s.art017 Measuring AUM for the purpose of calculating K‐AUM
s.art020 Measuring COH for the purpose of calculating K‐COH
s.art022 Calculating K‐NPR
s.art023 Calculating K‐CMG
s.art024 RtF K‐factor requirement
s.art025 Scope
s.art026 Calculating K‐TCD
s.art028 Replacement cost (RC)
s.art029 Potential future exposure
s.art030 Collateral
s.art031 Netting
s.art032 Credit valuation adjustment
s.art033 Measuring DTF for the purpose of calculating K‐DTF
s.art034 Prudential treatment of assets exposed to activities associated with environmental or social objectives
s.art039 Calculating K‐CON
s.art041 Exclusions
s.art042 Exemption for commodity and emission allowance dealers
s.art044 Temporary reduction of the liquidity requirement
s.art056 Exercise of the delegation
s.art058 Derogation for undertakings referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013
s.art059 Derogation for investment firms referred to in Article 1(2)
s.art060 Review clause
s.art061 Amendment to Regulation (EU) No 1093/2010
s.art062 Amendments to Regulation (EU) No 575/2013
s.art063 Amendments to Regulation (EU) No 600/2014
s.art064 Amendment to Regulation (EU) No 806/2014
s.art065 References to Regulation (EU) No 575/2013 in other Union legal acts
s.art066 Entry into force and date of application

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.