1
Application and Definitions
1.1
1.2
The changes to this rule are effective from 23:00 on 31/12/2020.
- (1) changes in its business, including:
- (a) the acute risk to earnings posed by falling or volatile income; and
- (b) the broader risk of a firm’s business model or strategy proving inappropriate due to macroeconomic, geopolitical, industry, regulatory or other factors; or
- (2) its remuneration policy.
- (a) who has relationship with A of the kind specified in s. 421 of FSMA;
- (b) who is a member of the same financial conglomerate as A;
- (c) who has a common management relationship with A;
- (d) who has a common management relationship with any person who falls into (a);
- (e) who is a subsidiary of a person in (c) or (d);
- (f) who is member of the same consolidation group as A; or
- (g) whose omission from an assessment of the risks to A of A's connection to any person coming within (a)-(f) or an assessment of the financial resources available to such persons would be misleading.
- (1) the risk to a firm caused by its contractual or other liabilities to or with respect to a pension scheme (whether established for its employees or those of a related company or otherwise); or
- (2) the risk that the firm will make payments or other contributions to or with respect to a pension scheme because of a moral obligation or because the firm considers that it needs to do so for some other reason.
1.3
- 01/01/2014
- Legal Instruments that change this rule 1.3
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2
Adequacy of Financial Resources
Overall financial adequacy rule
2.1
- 01/01/2014
- Legal Instruments that change this rule 2.1
3
Strategies, Processes and Systems
3.1
- (1) to assess and maintain on an ongoing basis the amounts, types and distribution of financial resources, own funds and internal capital that it considers adequate to cover:
- (a) the nature and level of the risks to which it is or might be exposed;
- (b) the risk in the overall financial adequacy rule in 2.1; and
- (c) the risk that the firm might not be able to meet the obligations in Part Three of the CRR in the future;
- (2) that enable it to identify and manage the major sources of risk referred to in (1) including the major sources of risk in each of the following categories where they are relevant to the firm given the nature and scale of its business:
- (a) credit and counterparty risk;
- (b) market risk;
- (c) liquidity risk;
- (d) operational risk;
- (e) concentration risk;
- (f) residual risk;
- (g) securitisation risk, including the risk that the own funds held by a firm in respect of assets which it has securitised are inadequate having regard to the economic substance of the transaction including the degree of risk transfer achieved;
- (h) business risk;
- (i) interest rate risk in the non-trading book;
- (j) risk of excessive leverage;
- (k) pension obligation risk; and
- (l) group risk.
- (3) to ensure that the firm's own funds can absorb potential losses resulting from stress scenarios, including those identified under the supervisory stress test.
[Note: Art 73 (part) and Art 104b (part) of the CRD]
3.2
- 01/01/2014
- Legal Instruments that change this rule 3.2
3.3
- 01/01/2014
- Legal Instruments that change this rule 3.3
3.4
A firm must:
- (1) carry out regularly the assessments required by the overall Pillar 2 rule in 3.1; and
- (2) carry out regularly assessments of the processes, strategies and systems required by the overall Pillar 2 rule in 3.1 to ensure they remain comprehensive and proportionate to the nature, scale and complexity of the firm’s activities.
[Note: Art 73 (part) of the CRD]
- 01/01/2014
- Legal Instruments that change this rule 3.4
3.5
- (1) make an assessment of the firm-wide impact of the risks identified in accordance with that rule, to which end a firm must aggregate the risks across its various business lines and units, taking appropriate account of any correlation between risks; and
- (2) take into account the stress tests that the firm is required to carry out under the general stress test and scenario analysis rule in 12.1 and any stress tests that the firm is required to carry out under the CRR.
- 01/01/2014
- Legal Instruments that change this rule 3.5
4
Credit and Counterparty Risk
4.1
- 01/01/2014
- Legal Instruments that change this rule 4.1
4.2
- (1) enable it to assess the credit risk of exposures to individual obligors, securities or securitisation positions and credit risk at the portfolio level;
- (2) do not rely solely or mechanistically on external credit ratings; and
- (3) where its own funds requirements under Part Three of the CRR are based on a rating by an ECAI or based on the fact that an exposure is unrated, enable the firm to consider other relevant information for assessing its allocation of financial resources and internal capital.
[Note: Art 79(b) of the CRD]
- 01/01/2014
- Legal Instruments that change this rule 4.2
4.3
- 01/01/2014
- Legal Instruments that change this rule 4.3
4.4
- 01/01/2014
- Legal Instruments that change this rule 4.4
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5
Residual Risk
5.1
- 01/01/2014
- Legal Instruments that change this rule 5.1
6
Concentration Risk
6.1
A firm must address and control, by means which include written policies and procedures, the concentration risk arising from:
- (1) exposures to each counterparty including central counterparties, groups of connected counterparties and counterparties in the same economic sector, geographic region or from the same activity or commodity;
- (2) the application of credit risk mitigation techniques; and
- (3) risks associated with large indirect credit exposures such as a single collateral issuer.
[Note: Art 81 of CRD]
- 01/01/2014
- Legal Instruments that change this rule 6.1
7
Securitisation Risk
7.1
A firm must evaluate and address through appropriate policies and procedures the risks arising from securitisation transactions in relation to which the firm is investor, originator or sponsor, including reputational risks, to ensure in particular that the economic substance of the transaction is fully reflected in risk assessment and management decisions.
[Note: Art 82(1) of CRD]
- 01/01/2014
- Legal Instruments that change this rule 7.1
7.2
[Note Art 82(2) of the CRD]
- 01/01/2014
- Legal Instruments that change this rule 7.2
8
Market Risk
8.1
- 01/01/2014
- Legal Instruments that change this rule 8.1
8.2
- 01/01/2014
- Legal Instruments that change this rule 8.2
8.3
- 01/01/2014
- Legal Instruments that change this rule 8.3
8.4
A firm which has, in calculating own funds requirements for position risk in accordance with Part Three, Title IV, Chapter 2 of the CRR, netted off its positions in one or more of the equities constituting a stock-index against one or more positions in the stock-index future or other stock-index product, must have adequate financial resources and internal capital to cover the basis risk of loss caused by the future's or other product's value not moving fully in line with that of its constituent equities.
- 01/01/2014
- Legal Instruments that change this rule 8.4
8.4A
A firm must have adequate internal capital where it holds opposite positions in stock-index futures which are not identical in respect of either their maturity or their composition or both.
- 30/03/2018
- Legal Instruments that change this rule 8.4A
8.5
- 01/01/2014
- Legal Instruments that change this rule 8.5
8.6
[Note: Art 98(4) of the CRD]
- 01/01/2014
- Legal Instruments that change this rule 8.6
9
Interest Risk Arising from Non-Trading Book Activities
9.1
9.2
9.3
9.4
9.5
A firm must carry out the evaluation under 9.2 as frequently as necessary for it to be reasonably satisfied that it has at all times a sufficient understanding of the degree to which it is exposed to the risks referred to in 9.2 and the nature of that exposure. In any case it must carry out those evaluations no less frequently than once a year.
[Note: Art 98(5) of the CRD]
- 01/01/2014
- Legal Instruments that change this rule 9.5
10
Operational Risk
10.1
[Note: Art 85(1) of the CRD]
10.2
- 01/01/2014
- Legal Instruments that change this rule 10.2
11
Risk of Excessive Leverage
11.1
- 01/01/2014
- Legal Instruments that change this rule 11.1
11.2
[Note: Art 87(1) of the CRD]
11.3
[Note: Art 87(2) of the CRD]
- 01/01/2014
- Legal Instruments that change this rule 11.3
Export chapter as
12
Stress Tests and Scenario Analysis
12.1
- 01/01/2014
- Legal Instruments that change this rule 12.1
12.2
- (a) circumstances and events occurring over a protracted period of time;
- (b) sudden and severe events, such as market shocks or other similar events; and
- (c) some combination of the circumstances and events described in (a) and (b), which may include a sudden and severe market event followed by an economic recession.
- 01/01/2014
- Legal Instruments that change this rule 12.2
12.3
- 01/01/2014
- Legal Instruments that change this rule 12.3
12.4
- 01/01/2014
- Legal Instruments that change this rule 12.4
13
Documentation of Risk Assessments
13.1
- (a) the major sources of risk identified in accordance with the overall Pillar 2 rule in 3.1;
- (b) how it intends to deal with those risks; and
- (c) details of the stress tests and scenario analyses carried out, including any assumptions made in relation to scenario design, and the resulting financial resources estimated to be required in accordance with the general stress test and scenario analysis rule in 12.1.
- 01/01/2014
- Legal Instruments that change this rule 13.2
14
Application of this Part on an Individual Basis, a Consolidated Basis and a Sub-Consolidated Basis
14.1
- 01/01/2014
- Legal Instruments that change this rule 14.1
14.2
[Note: Art 108(1) of the CRD]
- 01/01/2014
- Legal Instruments that change this rule 14.2
14.2A
If the ICAAP rules apply to a firm on an individual basis, the firm must comply with the ICAAP rules to the same extent and in the same manner as it is required to comply with the obligations laid down in Parts Two to Four and Part Seven of the CRR.
14.3
14.4
14.4A
A PRA approved parent holding company or a PRA designated parent holding company must comply with the ICAAP rules on the basis of its consolidated situation and a PRA designated intermediate holding company or a PRA designated institution responsible for meeting CRR requirements on a consolidated basis must comply with the ICAAP rules on the basis of the consolidated situation of its UK parent financial holding company or UK parent mixed financial holding company.
14.4B
A PRA designated institution controlled by a UK parent financial holding company or a UK parent mixed financial holding company must comply with the ICAAP rules on the basis of the consolidated situation of that holding company, if the PRA is responsible for supervision of the firm on a consolidated basis.
[Note: Art 108(2) of the CRD]
14.5
[Note: Art 108(4) of the CRD]
14.6
14.7
- (1) the Article 109 undertaking must ensure that the consolidation group or sub-consolidation group has the processes, strategies and systems required by the overall Pillar 2 rule in 3.1;
- (2) the risks to which the overall Pillar 2 rule in 3.1 and the general stress test and scenario analysis rule refer are those risks as they apply to each member of the consolidation group;
- (3) the reference in the overall Pillar 2 rule in 3.1 to amounts and types of financial resources, own funds and internal capital (referred to in this rule as resources) must be read as being to the amounts and types that the Article 109 undertaking considers should be held by the members of the consolidation group or sub-consolidation group;
- (4) other references to resources must be read as being to resources of the members of the consolidation group or sub-consolidation group;
- (5) the reference in the overall Pillar 2 rule in 3.1 to the distribution of resources must be read as including a reference to the distribution between members of the consolidation group;
- (6) the reference in the overall Pillar 2 rule in 3.1 to the overall financial adequacy rule in 2.1 must be read as being to that rule as adjusted under 14.14-14.16 (level of application of the overall financial adequacy rule);
- (7) an Article 109 undertaking must be able to explain how it has aggregated the risks referred to in the overall Pillar 2 rule in 3.1 and the financial resources, own funds and internal capital required by each member of the consolidation group or sub-consolidation group; and
- (8) in particular, to the extent that the transferability of resources affects the assessment in (2), an Article 109 undertaking must be able to explain how it has satisfied itself that resources are transferable between members of the group in question in the stressed cases and the scenarios referred to in the general stress test and scenario analysis rule in 12.1.
14.8
14.9
14.10
- (a) takes into account the nature, level and distribution of the risks between all entities within the consolidated group or sub-consolidation group; and
- (b) ensures the amount allocated to each Article 109 undertaking adequately reflects the risks to which that Article 109 undertaking is exposed on an individual basis.
14.11
[Note: Art 109(1) (part) of the CRD]
14.12
14.12A
Where a firm, a PRA approved intermediate holding company, a PRA designated intermediate holding company, a PRA designated parent holding company or a PRA designated institution is responsible for meeting CRR requirements on a sub-consolidated basis, it must ensure that the risk management processes and internal control mechanisms at the level of the sub-consolidation group of which it is a member meet the standards set out in the risk control rules on a sub-consolidated basis.
14.13
[Note: Art 109(2) (part) of the CRD]
14.14
14.15
14.16
15
Reverse Stress Testing
15.1
This Chapter applies to a CRR firm.
- 03/08/2015
- Legal Instruments that change this rule 15.1
15.2
As part of its business planning and risk management obligations, including under the Risk Control Part of the PRA Rulebook, a firm must reverse stress test its business plan; that is, it must carry out stress tests and scenario analyses that test its business plan to failure. To that end, the firm must:
- (1) identify a range of adverse circumstances which would cause its business plan to become unviable and assess the likelihood that such events could crystallise; and
- (2) where those tests reveal a risk of business failure that is unacceptably high when considered against the firm's risk appetite or tolerance, adopt effective arrangements, processes, systems or other measures to prevent or mitigate that risk.
- 03/08/2015
- Legal Instruments that change this rule 15.2
15.3
Where the firm is a member of:
- (1) a UK consolidation group; or
- (2) a third country sub-group;
it must conduct the reverse stress test on an individual basis as well as on a consolidated basis in relation to the UK consolidation group or the third country sub-group, as the case may be.
15.4
The design and results of a firm's reverse stress test must be documented and reviewed and approved at least annually by the firm's senior management or governing body. A firm must update its reverse stress test more frequently if it is appropriate to do so in the light of substantial changes in the market or in macroeconomic conditions.
- 03/08/2015
- Legal Instruments that change this rule 15.4