|
European Union -
Financial Conglomerates Directive
Article 9
Internal control mechanisms and risk management processes
1. The Member States shall require regulated entities to have, in
place at the level of the financial conglomerate, adequate risk
management processes and internal control
mechanisms, including sound administrative and accounting
procedures.
2. The risk management processes shall include:
(a) sound governance and management with the approval and
periodical review of the strategies and policies by the
appropriate governing bodies at the level of the financial
conglomerate with respect to all the risks they assume;
(b) adequate capital adequacy policies in order to anticipate the
impact of their business strategy on risk profile and capital
requirements as determined in accordance with Article 6 and Annex
I;
(c) adequate procedures to ensure that their risk monitoring
systems are well integrated into their organisation and that all
measures are taken to ensure that the systems implemented in all
the undertakings included in the scope of supplementary
supervision are consistent so that the risks can be measured,
monitored and controlled at the level of the financial
conglomerate.
3. The internal control mechanisms shall include:
(a) adequate mechanisms as regards capital adequacy to identify
and measure all material risks incurred and to appropriately
relate own funds to risks;
(b) sound reporting and accounting procedures to identify,
measure, monitor and control the intra-group transactions and the
risk concentration.
4. The Member States shall ensure that, in all undertakings
included in the scope of supplementary supervision pursuant to
Article 5, there are adequate internal control mechanisms for the
production of any data and information which would be relevant for
the purposes of the supplementary supervision.
5. The processes and mechanisms referred to in paragraphs 1 to 4
shall be subject to supervisory overview by the coordinator.
|