ESMA_QA_1311
23/09/2022
Subject Matter
Calculation of denominator
Original question
Should the denominator in the capital employed test under Article 5(4) of CDR 2021/1833 be calculated using consolidated accounts? Should firms use capital on a worldwide basis or just capital employed within the EU?
ESMA Answer
23-09-2022
Original language
[ESMA70-872942901 Commodity derivatives, Ancillary services, Q&A 10]
The CDR 2021/1833 RTS 20 capital employed test should be calculated using consolidated accounts. According to Article 5(4) of CDR 2021/1833, the capital employed for carrying out the main business of a group shall be the sum of the total assets of the group minus its short-term debt as recorded in the consolidated financial statements of the group at the end of the relevant annual calculation period.
Firms shall use capital employed on a worldwide basis when calculating the capital test.
Status: Answer Published
Additional Information
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
Topic
Ancillary activity