LegalizeCommission Implementing Regulation (EU) 2021/2284 of 10 December 2021 laying down implementing technical standards for the application of Regulation (EU) 2019/2033 of the European Parliament and of the Council with regard to supervisory reporting and disclosures of investment firms (Text with EEA relevance)
CHAPTER I
SUPERVISORY REPORTING
Article 1
Reporting reference dates
The information referred to in Article 54(1) of Regulation shall be reported as this information stands on the following reporting reference dates:
(a) quarterly reporting: 31 March, 30 June, 30 September and 31 December;
(b) annual reporting: 31 December.
Article 2
Reporting remittance dates
The information referred to in Article 54(1) of Regulation (EU) 2019/2033 shall be submitted by close of business of the following remittance dates:
(a) quarterly reporting: 12 May, 11 August, 11 November and 11 February;
(b) annual reporting: 11 February.
By way of derogation from the first subparagraph, investment firms other than small and non-interconnected investment firms shall submit the information set out in template C 25.01 of Annex I to Commission Implementing Regulation (EU) 2024/3117 (1) for any reference dates between January and April 2026 by 30 June 2026 at the latest.
Article 3
Application of reporting requirements on an individual basis
In order to comply with the reporting requirements of Article 54 of Regulation (EU) 2019/2033 on an individual basis, investment firms shall report the information specified in Articles 5, 6 and 7 of this Regulation with the frequency specified therein.
Article 4
Application of reporting requirements on a consolidated basis
In order to comply with the reporting requirements referred to in Article 54 of Regulation (EU) 2019/2033 on a consolidated basis, investment firms shall report the information specified in Articles 5 and 6 of this Implementing Regulation with the frequency specified therein.
Article 5
Format and frequency of reporting by investment firms other than small and non-interconnected investment firms
Article 6
Format and frequency of reporting by small and non-interconnected investment firms
Article 7
Format and frequency of reporting by entities benefitting from the application of Article 8 of Regulation (EU) 2019/2033
By way of derogation from Article 4 of this Regulation, entities referred to in Article 8(3) of Regulation (EU) 2019/2033 that are benefitting from the application of that Article shall report the information set out in the templates of Annex VIII to this Regulation in accordance with the instructions set out in Annex IX to this Regulation with a quarterly frequency.
Article 8
Data precision and information associated with submissions
Investment firms shall submit the information referred to in this Regulation in the data exchange formats and representations specified by competent authorities and respecting the data point definition of the data point model and the validation formulae specified in Annex V as well as the following specifications:
(a) information that is not required or not applicable shall not be included in a data submission;
(b) numeric values shall be submitted as facts pursuant to the following conventions: (i) data points with the data type ‘Monetary’ shall be reported using a minimum precision equivalent to ten thousands of units; (ii) data points with the data type ‘Percentage’ shall be expressed as per unit with a minimum precision equivalent to four decimals; (iii) data points with the data type ‘Integer’ shall be reported using no decimals and a precision equivalent to units.
Information submitted by investment firms on the basis of this Regulation shall be accompanied with the following information:
(a) reporting reference date and reference period;
(b) reporting currency;
(c) accounting standard;
(d) Legal Entity Identifier (LEI) of the reporting institution;
(e) scope of consolidation.
CHAPTER II
PUBLIC DISCLOSURE BY INVESTMENT FIRMS
Article 9
Disclosure principles
Information to be disclosed in accordance with this Regulation shall be subject to the following principles:
(a) disclosures shall be subject to the same level of internal verification as that applicable to the management report included in the investment firm’s financial report;
(b) disclosures shall be clear and shall be presented in a form that is understandable to users of information and communicated through an accessible medium. Important messages shall be highlighted and easy to find. Complex issues shall be explained in simple language. Related information shall be presented together;
(c) disclosures shall be meaningful and consistent over time to enable users of information to compare information across disclosure periods;
(d) quantitative disclosures shall be accompanied by qualitative explanations and any other supplementary information that may be necessary in order for the users of that information to understand them, noting in particular any significant change in any given disclosure compared to the information contained in previous disclosures.
Article 10
Disclosure of own funds by investment firms
Investment firms shall make the disclosures on own funds required by Article 49(1) of Regulation (EU) 2019/2033 by using the templates of Annex VI to this Regulation and in accordance with the relevant instructions set out in Annex VII to this Regulation.
Article 11
General disclosure provisions
Where disclosing the information referred to in Article 10 of this Regulation, investment firms shall ensure that numeric values are submitted as facts in accordance with the following:
(a) quantitative monetary data shall be disclosed using a minimum precision equivalent to thousands of units;
(b) quantitative data disclosed as ‘Percentage’ shall be expressed as per unit with a minimum precision equivalent to four decimals.
When disclosing the information referred to in Article 10of this Regulation, investment firms shall ensure that the data are associated with all of the following information:
(a) disclosure reference date and reference period;
(b) disclosure currency;
(c) name and where relevant, the Legal Entity Identifier (LEI) of the disclosing institution;
(d) where relevant, the accounting standard;
(e) where relevant, the scope of consolidation.
CHAPTER III
FINAL PROVISIONS
Article 12
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
| INVESTMENT FIRMS TEMPLATES | |||
|---|---|---|---|
| Template number | Template code | Name of the template /group of templates | Short name |
| OWN FUNDS: level, composition, requirements and calculation | |||
| 1 | I 01.00 | Own funds | I1 |
| 2,1 | I 02.01 | Own funds requirements | I2.1 |
| 2,2 | I 02.02 | Capital ratios | I2.2 |
| 3 | I 03.00 | Fixed overheads requirements calculation | I3 |
| 4 | I 04.00 | Total K-Factor requirement calculations | I4 |
| SMALL AND NON-INTERCONNECTED INVESTMENT FIRMS | |||
| 5 | I 05.00 | Level of activity - Thresholds review | I5 |
| K-FACTOR REQUIREMENTS - ADDITIONAL DETAILS | |||
| 6,1 | I 06.01 | Assets under management - AUM additional detail | I6.1 |
| 6,2 | I 06.02 | Average value of total monthly AUM | I6.2 |
| 6,3 | I 06.03 | Client money held - CMH additional detail | I6.3 |
| 6,4 | I 06.04 | Average value of total daily CMH | I6.4 |
| 6,5 | I 06.05 | Assets safeguarded and administered - ASA additional detail | I6.5 |
| 6,6 | I 06.06 | Average value of total daily ASA | I6.6 |
| 6,7 | I 06.07 | Client orders handled - COH additional detail | I6.7 |
| 6,8 | I 06.08 | Average value of total daily COH | I6.8 |
| 6,9 | I 06.09 | K-Net position risk - K-NPR additional detail | I6.9 |
| 6,1 | I 06.10 | Clearing Margin given - CMG additional detail | I6.10 |
| 6,11 | I 06.11 | Trading counterparty default - TCD additional detail | I6.11 |
| 6,12 | I 06.12 | Daily trading flow - DTF additional detail | I6.12 |
| 6,13 | I 06.13 | Average value of total daily DTF | I6.13 |
| CONCENTRATION RISK | |||
| 7 | I 07.00 | K-CON - additional detail | I7 |
| 8,1 | I 08.01 | Level of concentration risk - Client money held | I8.1 |
| 8,2 | I 08.02 | Level of concentration risk - Assets seafeguarded and administered | I8.2 |
| 8,3 | I 08.03 | Level of concentration risk -Total own cash deposited | I8.3 |
| 8,4 | I 08.04 | Level of concentration risk - Total earnings | I8.4 |
| 8,5 | I 08.05 | Trading book exposures | I8.5 |
| 8,6 | I 08.06 | Non-trading book and off-balance sheet items | I8.6 |
| LIQUIDITY REQUIREMENTS | |||
| 9 | I 09.00 | Liquidity requirements | I9 |
I 01.00 - OWN FUNDS COMPOSITION (I1)
| Rows | Item | Amount |
|---|---|---|
| 0010 | ||
| 0010 | OWN FUNDS | |
| 0020 | TIER 1 CAPITAL | |
| 0030 | COMMON EQUITY TIER 1 CAPITAL | |
| 0040 | Fully paid up capital instruments | |
| 0050 | Share premium | |
| 0060 | Retained earnings | |
| 0070 | Previous years retained earnings | |
| 0080 | Profit eligible | |
| 0090 | Accumulated other comprehensive income | |
| 0100 | Other reserves | |
| 0110 | Minority interest given recognition in CET1 capital | |
| 0120 | Adjustments to CET1 due to prudential filters | |
| 0130 | Other funds | |
| 0140 | (-)TOTAL DEDUCTIONS FROM COMMON EQUITY TIER 1 | |
| 0150 | (-) Own CET1 instruments | |
| 0160 | (-) Direct holdings of CET1 instruments | |
| 0170 | (-) Indirect holdings of CET1 instruments | |
| 0180 | (-) Synthetic holdings of CET1 instruments | |
| 0190 | (-) Losses for the current financial year | |
| 0200 | (-) Goodwill | |
| 0210 | (-) Other intangible assets | |
| 0220 | (-) Deferred tax assets that rely on future profitability and do not arise from temporary differences net of associated tax liabilities | |
| 0230 | (-) Qualifying holding outside the financial sector which exceeds 15% of own funds | |
| 0240 | (-) Total qualifying holdings in undertaking other than financial sector entities which exceeds 60% of its own funds | |
| 0250 | (-) CET1 instruments of financial sector entites where the investment firm does not have a significant investment | |
| 0260 | (-) CET1 instruments of financial sector entities where the investment firm has a significant investment | |
| 0270 | (-) Defined benefit pension fund assets | |
| 0280 | (-) Other deductions | |
| 0290 | CET1: Other capital elements, deductions and adjustments | |
| 0300 | ADDITIONAL TIER 1 CAPITAL | |
| 0310 | Fully paid up, directly issued capital instruments | |
| 0320 | Share premium | |
| 0330 | (-) TOTAL DEDUCTIONS FROM ADDITIONAL TIER 1 | |
| 0340 | (-) Own AT1 instruments | |
| 0350 | (-) Direct holdings of AT1 instruments | |
| 0360 | (-) Indirect holdings of AT1 instruments | |
| 0370 | (-) Synthetic holdings of AT1 instruments | |
| 0380 | (-) AT1 instruments of financial sector entities where the investment firm does not have a significant investment | |
| 0390 | (-) AT1 instruments of financial sector entities where the investment firm has a significant investment | |
| 0400 | (-) Other deductions | |
| 0410 | Additional Tier 1: Other capital elements, deductions and adjustments | |
| 0420 | TIER 2 CAPITAL | |
| 0430 | Fully paid up, directly issued capital instruments | |
| 0440 | Share premium | |
| 0450 | (-) TOTAL DEDUCTIONS FROM TIER 2 | |
| 0460 | (-) Own T2 instruments | |
| 0470 | (-) Direct holdings of T2 instruments | |
| 0480 | (-) Indirect holdings of T2 instruments | |
| 0490 | (-) Synthetic holdings of T2 instruments | |
| 0500 | (-) T2 instruments of financial sector entities where the investment firm does not have a significant investment | |
| 0510 | (-) T2 instruments of financial sector entities where the investment firm has a significant investment | |
| 0520 | Tier 2: Other capital elements, deductions and adjustments |
I 02.01 - OWN FUNDS REQUIREMENTS (I2.1)
| Rows | Item | Amount |
|---|---|---|
| 0010 | ||
| 0010 | Own Funds requirement | |
| 0020 | Permanent minimum capital requirement | |
| 0030 | Fixed overhead requirement | |
| 0040 | Total K-Factor Requirement | |
| Transitional own funds requirements | ||
| 0050 | Transitional requirement based on CRR own funds requirements | |
| 0060 | Transitional requirement based on fixed overhead requirements | |
| 0070 | Transitional requirement for investment firms previously subject only to an initial capital requirement | |
| 0080 | Transitional requirement based on initial capital requirement at authorisation | |
| 0090 | Transitional requirement for investment firms that are not authorised to provide certain services | |
| 0100 | Transitional requirement of at least 250 000 EUR | |
| Memorandum items | ||
| 0110 | Additional own funds requirement | |
| 0120 | Additional own funds guidance | |
| 0130 | Total own funds requirement |
IF 02.02 - CAPITAL RATIOS (IF2.2)
| Rows | Item | Amount |
|---|---|---|
| 0010 | ||
| 0010 | CET 1 Ratio | |
| 0020 | Surplus(+)/Deficit(-) of CET 1 Capital | |
| 0030 | Tier 1 Ratio | |
| 0040 | Surplus(+)/Deficit(-) of Tier 1 Capital | |
| 0050 | Own Funds Ratio | |
| 0060 | Surplus(+)/Deficit(-) of Total capital |
I 03.00 - FIXED OVERHEADS REQUIREMENT CALCULATION (I3)
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