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Repealed by LN. 2013/198 as from 1.1.2014 - page 31 / 94

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Financial Services (Investment and Fiduciary Services)

FINANCIAL SERVICES (CAPITAL ADEQUACY OF INVESTMENT

(c)

FIRMS) REGULATIONS 2007 jointly by the subsidiaries of a European parent financial holding company.

Cooperation with other authorities and EBA.

33.(1) The Authority shall cooperate closely with the competent authorities of EEA States in the performance of the duties provided for in the recast Directive, particularly where investment services are provided on a services basis or through the establishment of branches.

(2) The Authority shall on request supply the competent authorities of EEA States with all information likely to facilitate the supervision of the capital adequacy of investment firms, in particular the verification of their compliance with the rules laid down in the recast Directive.

(2A) The Authority shall cooperate with EBA for the purposes of these Regulations and the recast Directive, in accordance with Regulation (EU) No 1093/2010.

(2B) Where EBA makes a request the Authority shall without delay provide it with all the information necessary to enable EBA to carry out its duties under the recast Directive and in accordance with Article 35 of Regulation (EU) No 1093/2010.

(3) Any exchange of information between competent authorities which is provided for in the recast Directive in respect of investment firms shall be subject to the obligations of professional secrecy imposed by article 54 and 58 of Directive 2004/39/EC.

(4) Regulation 82A of the FSCACI Regulations, except its sub- regulation (2)(b), shall apply mutatis mutandis to the supervision of investment firms if the firms are not able to meet the criteria specified in regulations 16(2) and (3) and 36(8).

Disclosure.

34.

The requirements set out in regulations

87

to

90

of

the

FSCACI

Regulations shall apply to investment firms.

Further provisions on exposure.

35.(1) For the purposes of the calculation of minimum capital requirements for counter party risk under these Regulations and for credit risk under the FSCACI Regulations and without prejudice to the provisions of paragraph 6 of Part2 of Schedule 3 to those Regulations, exposures to recognised non- European investment firms and exposures incurred to recognised clearing

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1989-47

Repealed Subsidiary 2007/002

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