The Autorité de contrôle prudentiel et de résolution shall assess and monitor the systems, strategies and procedures implemented by credit institutions and finance companies to identify, measure and manage the risks to which they are or could be exposed, as defined in Article L. 511-41-1 B. The AMF also assesses the resulting level of capital.
The AMF monitors the use by credit institutions and finance companies of internal approaches to determine their capital requirements, ensuring in particular that they do not rely exclusively or mechanically on external credit ratings.
Based on the information provided by credit institutions and finance companies, the AMF assesses the quality of the internal approaches used to calculate capital requirements at least once a year.
The Authority shall carry out a comparative analysis of the internal approaches. If, following this analysis, the Authority establishes that the internal approach of a credit institution or finance company leads to an underestimation of their capital requirement, it may impose corrective measures. These measures must not lead to standardisation or a propensity for certain methods, create unjustified incentives or provoke imitative behaviour.
In relation to the risks of changes in interest rates mentioned in Article L. 511-41-1-B, the Autorité de contrôle prudentiel et de résolution may, among the corrective measures mentioned above:
1° Require a credit institution or finance company to use the standardised method referred to in Article 84 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 where the internal systems they implement for the purposes of assessing these risks are not satisfactory ;
2° Require a small and non-complex credit institution within the meaning of Article 4(1)(145) of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 or a finance company using the simplified standard method to use the above-mentioned standard method when it considers that the simplified standard method does not take sufficient account of these risks.
When the Autorité de contrôle prudentiel et de résolution notes that credit institutions or finance companies with similar risk profiles due to the similarity of their business models or the geographical location of their exposures are or could be exposed to similar risks or represent similar risks for the financial system, it shall apply the provisions of this article to them in a similar or identical manner.
The conditions for application of this article are set by order of the Minister for the Economy.