in force 2025-01-01 MODIFIED+790 −166§
Amended by Regulation (EU) 2024/1623 32024R1623 · Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2024/2795 32024R2795
applies from: unchanged
Point (b) now specifies that the additional own funds requirement addresses risks other than the risk of excessive leverage, and drops the earlier breakdown of that requirement's composition by Common Equity Tier 1, additional Tier 1 and Tier 2 instruments, referring instead simply to its composition.
Point (d) replaces the reference to the total risk-weighted exposure amount and total own funds requirement under Article 92 with references to the total risk exposure amount under Article 92(3) and own funds requirements under Article 92(2), and adds risk exposure classes alongside risk categories for the breakdown, while a new point (da) introduces disclosure of the un-floored total risk exposure amount under Article 92(4) and the standardised total risk exposure amount under Article 92(5), each broken down by risk categories or risk exposure classes with the same capital-floor explanation language.
Point (e) changes its cross-reference for equity exposure categories from Article 155(2) to Article 133(3) to (6) and Article 495a(3), while keeping the same wording about specialised lending exposures under Article 153(5), Table 1.
Cited: Art. 438, v1 · Art. 438, v2
text before / after
02013R0575-20240709 → 02013R0575-20250101
Article 438
Disclosure of own funds requirements and risk-weighted exposure amounts
Institutions shall disclose the following information regarding their compliance with Article 92 of this Regulation and with the requirements laid down in Article 73 and in point (a) of Article 104(1) of Directive 2013/36/EU:
(a) a summary of their approach to assessing the adequacy of their internal capital to support current and future activities;
(b) the amount of the additional own funds requirements based on the supervisory review process as referred to in Article 104(1), point (a) of Article 104(1) (a), of Directive 2013/36/EU to address risks other than the risk of excessive leverage and its composition in terms of Common Equity Tier 1, additional Tier 1 and Tier 2 instruments; composition;
(c) upon demand from the relevant competent authority, the result of the institution's internal capital adequacy assessment process;
(d) the total risk-weighted risk exposure amount as calculated in accordance with Article 92(3) and the corresponding total own funds requirement requirements as determined in accordance with Article 92, 92(2), to be broken down by the different risk categories or risk exposure classes, as applicable, set out in Part Three and, where applicable, an explanation of the effect on the calculation of the own funds and risk-weighted exposure amounts that results from applying capital floors and not deducting items from own funds;
(da) where required to calculate the un-floored total risk exposure amount as calculated in accordance with Article 92(4), and the standardised total risk exposure amount as calculated in accordance with Article 92(5), to be broken down by the different risk categories or risk exposure classes, as applicable, set out in Part Three and, where applicable, an explanation of the effect on the calculation of own funds and risk-weighted exposure amounts that results from applying capital floors and not deducting items from own funds;
(e) the on- and off-balance-sheet exposures, the risk-weighted exposure amounts and associated expected losses for each category of specialised lending referred to in Article 153(5), Table 1 of Article 153(5) 1, and the on- and off-balance-sheet exposures and risk-weighted exposure amounts for the categories of equity exposures set out in Article 155(2); 133(3) to (6), and Article 495a(3);
(f) the exposure value and the risk-weighted exposure amount of own funds instruments held in any insurance undertaking, reinsurance undertaking or insurance holding company that the institutions do not deduct from their own funds in accordance with Article 49 when calculating their capital requirements on an individual, sub-consolidated and consolidated basis;
(g) the supplementary own funds requirement and the capital adequacy ratio of the financial conglomerate calculated in accordance with Article 6 of Directive 2002/87/EC and Annex I to that Directive where method 1 or 2 set out in that Annex is applied;
(h) the variations in the risk-weighted exposure amounts of the current disclosure period compared to the immediately preceding disclosure period that result from the use of internal models, including an outline of the key drivers explaining those variations.