10 Amendments of Markus FERBER related to 2017/0358(COD)
Amendment 38 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Indemnity Insurance All investment firms providing services under this Directive are required to have a professional indemnity insurance.
Amendment 87 #
Proposal for a directive
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) the remuneration policy is clear and documented, documented and proportionate to the size, internal organisation and nature, scope and complexity of the activities of the investment firm;
Amendment 98 #
Proposal for a directive
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
EBA, in consultation with ESMA, shall develop draft regulatory technical standards to specify appropriate criteria to identify the categories of individuals whose professional activities have a material impact on the investment firm’s risk profile as referred to in paragraph 1. EBA and ESMA shall duly take into account Commission Recommendation 2009/384/EC of 30 April 2009 on remuneration policies in the financial services sector as well as existing remuneration guidelines under UCITS, AIFMD and MiFID II and aim to minimise divergence from existing provisions.
Amendment 129 #
Proposal for a directive
Article 30 – paragraph 7
Article 30 – paragraph 7
Amendment 148 #
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall ensure that competent authorities establish the frequency and intensity of the review and evaluation referred to in paragraph 1 having regard to the size, systemic importance, nature, scale and complexity of the activities of the investment firms concerned and taking into account the principle of proportionality. Competent authorities shall perform the review under paragraph 1 with respect to firms meeting the conditions set out in Article 12(1) of [Regulation (EU) ---/----[IFR] only where they decide that the size, systemic importance, nature, scale and complexity of the activities of these firms require that review.
Amendment 154 #
Proposal for a directive
Article 35 – paragraph 1 – point b a (new)
Article 35 – paragraph 1 – point b a (new)
(ba) In case the total value of the assets of an undertaking is below EUR 30 billion and the undertaking is part of a third-country global systemically important institution (G-SII), the supervisory responsibility for that undertaking shall be transferred from the national competent authority to the SSM.
Amendment 155 #
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall ensure that competent authorities have the necessary supervisory powers to intervene in the exercise of their functions into the activity of investment firms in a proportionate way.
Amendment 167 #
Proposal for a directive
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
For the purpose of paragraph 1(a), risks or elements of risk shall only be considered as not covered or not sufficiently covered by the capital requirement set out in Part Three of [Regulation (EU) ---/----[IFR] where the amounts, types and distribution of capital considered adequate by the competent authority following the supervisory review of the assessment carried out by investment firms in accordance with Article 22(1) are higher than the investment firm’s capital requirementtypes of risk are not already covered by one of the k-factors as set out in Part Three of [Regulation (EU) ---/--- [IFR].
Amendment 169 #
Proposal for a directive
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
Amendment 195 #
Proposal for a directive
Article 57 – paragraph 1 – point 6
Article 57 – paragraph 1 – point 6
Directive 2013/36/EU
Article 8a – paragraph 4 a (new)
Article 8a – paragraph 4 a (new)
4a. In case of re-authorisation, EBA shall ensure that the process is as streamlined as possible and information from existing authorisations is taken into account.