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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 (Text with EEA relevance) article 40 CELEX: 02019R2033-20240109 Procedures to prevent investment firms from avoiding the K‐CON own funds requirement
1. Investment firms shall not temporarily transfer exposures exceeding the limit laid down in Article 37(1) to another company, whether within the same group or not, or enter into artificial transactions to close out those exposures during the 10‐day period referred to in Article 39 and create new exposures. 2. Investment firms shall maintain systems which ensure that any transfer as referred to in paragraph 1 is immediately reported to the competent authorities. |