Application and calculation of the minimum requirement for own funds and eligible liabilities

(1) On request of the resolution authority, institutions and group entities must comply with the minimum requirement for own funds and eligible liabilities under subsection (2) and sections 49a to 51.
(2) The requirement referred to in subsection (1) is calculated as the amount of own funds and eligible liabilities under section 49c(3) to (5) or (7) to (9), subject to the special provisions in subsection (3), and is expressed as a percentage of
1. the total risk exposure amount of the institution or group entity calculated under Article 92(3) of Regulation (EU) No 575/2013, and
2. the total exposure measure of the institution or group entity calculated under Articles 429 and 429a of Regulation (EU) No 575/2013.
(3) Insofar as the provisions of this Act refer to the provisions of Article 92 of Regulation (EU) No 575/2013 as regards own funds requirements for securities institutions on an individual basis, the following particularities apply to securities institutions that do not satisfy the requirements under Article 1(2) or (5) of Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1; L 20, 24.1.2020, p. 26; L 405, 2.12.2020, p. 79; L 261, 22.7.2021, p. 60):
1. the reference to Article 92(1)(c) of Regulation (EU) No 575/2013 for determining the institution's total capital ratio is deemed to be a reference to the corresponding provision in Article 11(1) of Regulation (EU) 2019/2033;
2. the reference to Article 92(3) of Regulation (EU) No 575/2013 for determining the institution's total risk exposure amount is deemed to be a reference to the corresponding provision in Article 11(1) of Regulation (EU) 2019/2033, multiplied by 12.5. The reference to the additional own funds requirement under section 6c(1) of the Banking Act is deemed, for securities institutions that do not satisfy the requirements under Article 1(2) or (5) of Regulation (EU) 2019/2033, to be a reference to the corresponding provision in section 50 of the Securities Institutions Act.