The Autorité de contrôle prudentiel et de résolution shall assess and monitor, taking into account the size, risk profile and business model of the investment firm, the systems, strategies and procedures implemented by Class 2 investment firms to comply with Regulation (EU) 2019/2033 and to identify, measure and manage the risks to which they are or may be exposed, as defined in Article L. 533-2-2. The Authority shall also assess the resulting level of capital.
At regular intervals, and at least every three years, the AMF shall review investment firms’ compliance with the requirements for authorisation to use internal models referred to in Article 22 of the Regulation. In particular, it shall take account of changes in the firm’s activities and the application of these internal models to new products, and it shall monitor and assess whether investment firms using these internal models are using well-developed and up-to-date techniques and practices. It shall ensure that any shortcomings in the coverage of risks by the investment firm’s internal models are remedied or that the investment firm takes steps to mitigate the consequences, in particular by imposing additional capital requirements or higher multiplication factors.
The Authority shall decide on a case-by-case basis whether and in what form the supervision and assessment referred to in the first subparagraph should be carried out in respect of class 3 investment firms, only where it considers it necessary because of the scale, nature, scale and complexity of the activities of those investment firms.
The conditions of application of the assessment and supervision carried out by the Autorité de contrôle prudentiel et de résolution are specified by order of the Minister for the Economy.