EBA欧洲银行-EBA-Data-Instructions-UCITS-AIFMD_14页_326kb

Summary of EBA Data Collection Exercise on the Revision of Prudential Framework for MiFID Investment Firms

Core Content

This document outlines the instructions for the European Banking Authority (EBA) data collection exercise aimed at revising the prudential framework for MiFID investment firms and UCITS/AIFMD firms conducting MiFID activities. The exercise is part of the European Commission’s effort to assess the appropriateness of current prudential requirements and to ensure proportionality in the application of remuneration rules.

Main Objectives

• To gather data and information to support the calibration of a new prudential regime for investment firms.
• To assess the current application of proportionality in the area of remuneration, especially for small and less complex institutions.
• To evaluate the impact of waivers granted to these institutions and their staff.

Key Information

Scope of the Exercise

• Target Firms: MiFID investment firms (including those expected to fall under MiFID II), and UCITS/AIFMD firms conducting MiFID investment activities or services.
• Excluded Firms: Commodity dealers; they will be addressed in a separate exercise.
• Exclusion for Passporting: Firms operating in a Member State through an outward MiFID passport are excluded.

Consolidation Level

• Data should be submitted on a solo basis.
• If consolidated data is required, two sets of templates must be submitted: one for solo and one for consolidated data.

Reporting Date

• The reference date is 31 December 2015.
• If data is not available for that date, a different reference date may be used, but it must be indicated in the "General_Information" sheet.
• Foreign exchange reference rates for 31 December 2015 are provided for conversion to EUR.

Data Filling Instructions

• Data should be filled in on a best-effort basis.
• Use "not available" if data is not available, and "." as the decimal separator.
• Answers should only be provided in dedicated orange cells.
• Additional comments should be placed in dedicated green cells.
• Consistent currency, unit, and consolidation scope must be used throughout the templates.

Submission Process

• The data collection templates and instructions are published on the EBA website and circulated to competent authorities.
• Institutions must submit completed templates to their national competent authority, which forwards them to the EBA.
• Data quality checks are conducted by the EBA and national competent authorities.
• Institutions may be asked for clarifications or adjustments if necessary.

Timeline

Specific Instructions

Part 1: "General Information"

• A.1 to A.9 cover identification, organisation, and staff-related data.
• A.8 and A.9 are critical for the remuneration proportionality review.
  • A.8: Number of staff (headcount) for the entire UCITS/AIFMD firm.
  • A.9: Number of identified staff (those with material impact on risk profile) on a best-effort basis, including those where staff identification has been waived.
• A.4 to A.5.2 ask about group structure and total assets of the group.
• A.6 relates to G-SII or O-SII group status.
• A.7 asks if the firm benefits from an outward passport in other EU jurisdictions.

Part 2: "Financial Information"

• Firms may report either audited financial statements or regulatory reporting files.
• A.1 to A.3 cover balance sheet aggregates.
  • A.1: Total assets (excluding AUM).
  • A.2: Liabilities towards customers, broken down into retail, prudentially regulated credit institutions, and other institutions.
• B.1 to B.3 cover assets under management, advice, and safekeeping/administration.
• C.1 to C.4 ask about holding client money or financial instruments, whether on- or off-balance sheet.
• D.1: Profit/loss aggregates for MiFID services only.
• E.1 to E.1.2: Securities lending activities and related indemnifications.
• F.1: Transaction data for 31 March 2016 (excluding order reception/transmission), with gross mark-to-market values.

Part 3: "Solvency"

• A.1 to A.2 cover minimum capital and initial capital requirements.
  • A.1: Use of professional indemnity insurance (only for AIFMD firms).
  • A.2: Minimum capital requested for authorisation (options: EUR 125,000 or EUR 300,000).
• B.1.1 to B.1.5 cover regulatory capital held, including CET1, AT1, T2, and Fixed Overheads Requirement (FOR).
• B.2: Additional AIFMD/UCITS capital requirements.

Part 4: "Liquidity"

• Information should be provided for the firm as a whole, not per fund.
• A.1: Cash balance (total cash including coins, banknotes, and immediately available balances).
• A.2: Readily marketable financial instruments (not limited to on-venue traded instruments).

Key Notes

• The EBA has designed the data collection to minimize the burden on institutions, especially smaller ones, by limiting the number of variables and applying proportionality.
• Some data is optional but should be provided if available.
• Consistency in reporting currency, unit, and consolidation scope is essential.
• Comments should be placed in designated green cells for clarification purposes.