12 Amendments of Nils TORVALDS related to 2017/0359(COD)
Amendment 37 #
Proposal for a regulation
Recital 5
Recital 5
(5) Many of the requirements that stem from Regulation (EU) No 575/2013 and Directive 2013/36/EU framework are designed to address common risks faced by credit institutions. Accordingly, the existing requirements are largely calibrated to preserve the lending capacity of credit institutions through economic cycles and to protect depositors and taxpayers from possible failure, and are not designed to address the different risk-profiles of investment firms. Investment firms do not have large portfolios of retail and corporate loans and do not take deposits. The likelihood that their failure can have detrimental impacts for overall financial stability is lower than in the case of credit institutions. The risks faced and posed by some investment firms are thus substantially different to the risks faced and posed by credit institutions and such difference should be clearly reflected in the prudential framework of the Union.
Amendment 87 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point a
Article 12 – paragraph 1 – subparagraph 1 – point a
(a) AUM (or assets under management) calculated in accordance with Article 17 is less than EUR 1.2 billion;
Amendment 93 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point c
Article 12 – paragraph 1 – subparagraph 1 – point c
(c) ASA (or assets safeguarded and administered) calculated in accordance with Article 19 is zeroEUR 50 million;
Amendment 95 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point d
Article 12 – paragraph 1 – subparagraph 1 – point d
(d) CMH (or client money held) calculated in accordance with Article 18 is zeroEUR 5 million;
Amendment 103 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f
Article 12 – paragraph 1 – subparagraph 1 – point f
(f) NPR (net position risk) or CMG (clearing member guarantee) calculated in accordance with Articles 22 and 23 is zeroEUR 5 million;
Amendment 112 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 130 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
For the purposes of calculating K-CMH, CMH shall be the rolling average of the value of total daily client money held, measured at the end of each business day for the previous 312 calendar months.
Amendment 133 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
CMH shall be the average or simple arithmetic mean of the daily measurements in the 312 calendar months.
Amendment 136 #
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Where an investment firm has been holding client money for less than 312 months, it may use business projections to calculate K-CMH, subject to the following cumulative requirements:
Amendment 147 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The RtM K-factor requirement for the trading book positions of an investment firm dealing on own account, whether for itself or on behalf of a client shall be the higher ofeither K-NPR calculated in accordance with Article 22 or K-CMG calculated in accordance with Article 23.
Amendment 194 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
For the purposes of calculating K-DTF, DTF shall be the rolling average of the value of the total daily trading flow, measured at the end of each business day over the previous 6 calendar months, excluding the 3 most recent calendar months, excluding the 3 days with the lowest trading flow and the 3 days with the highest trading flow.
Amendment 327 #
Proposal for a regulation
Article 61 – paragraph 1 – point 2 – point c a (new)
Article 61 – paragraph 1 – point 2 – point c a (new)
Regulation (EU) No 600/2014
Article 47 – paragraph 5 a (new)
Article 47 – paragraph 5 a (new)
(ca) the following paragraph is added: “5a. The Commission shall make ad hoc assessments of equivalence provisions based on reasoned requests from the European Parliament, the Council, ESMA and where relevant the ECB, NCAs and the ESRB.’’