Internal Capital Adequacy Assessment Process Guidance Document

51 Pages·2015·0.8 MB·English

Date of issuance of Guideline: 12 July 2012
The Guideline below is being re issued as Circular C026 for correct filing purposes

GUIDELINES GD-IF-02

Guidelines for the Internal Capital Adequacy Assessment Process
32 Stasikratous Str, 4th Floor, P.O. 24996, 1306 Nicosia, Cyprus, Tel: [phone], Fax: [phone], e-mail:
[email protected] http://cysec.gov.cy
Glossary of Terms

Basel II Capital Adequacy Accord published by the
BIS in 2006 in Basel Switzerland
BoD Board of Directors
CIF Cyprus Investment Firm
CySEC or the Commission Cyprus Securities and Exchange Commission
Directive Directive DI144-2007-05 of 2011 of the
Cyprus Securities and Exchange Commission
for the Capital Requirements of Investment
Firms
EU Member Member State of the European Union
ICAAP Internal Capital Adequacy Assessment Process
ICAAP Guidelines Guidelines GD-IF-02 of 2012 of the
Commission for the Internal Capital Adequacy
Assessment Process
ICAAP Report (or the report) The result of the ICAAP presented in a report
and submitted to CySEC upon request by the
latter
IF Investment Firm
Republic The Republic of Cyprus
SREP Supervisory Review and Evaluation Process
SREP Guidelines Guidelines GD-IF-03 of 2012 of the Cyprus
Securities and Exchange Commission for the
Supervisory Review and Evaluation Process
Third country Country that is not a member state of the
European Union
Contents
1 Introduction 1
1.1 Background 1
1.2 Summary 1
1.3 Definitions 3
1.4 Structure of the Guidelines 4
2 Pillar 2 and the ICAAP 6
2.1 The Commission’s general approach to Pillar 2 6
2.2 Principles for the implementation of the ICAAP 6
3 Principle of proportionality and levels of application of the ICAAP 9
3.1 Application of the Proportionality Principle 9
3.2 Methods of application of the ICAAP 10
3.3 Levels of Applications within Groups 11
3.4 Exceptions on the ICAAP Implementation 12
3.5 Responsibility of the CIF for the ICAAP 12
3.6 Involvement of external consultants in the ICAAP 14
4 Implementation of the ICAAP and the ICAAP Report 15
4.1 Executive Summary 16
4.2 Business Background 17
4.3 Internal Governance of the CIF 17
4.4 Risk Management Framework 19
4.5 Stress Testing 25
4.6 Calculation and allocation of Pillar 2 Capital and Capital Planning 27
4.7 Next Steps and Review of the ICAAP from the Commission 28
5 ICAAP Methodology 30
5.1 Steps in the methodology 30
5.2 Critical Success Factors for the ICAAP Implementation 31
6 ICAAP Building Blocks 33
A Appendix: Basis of Application of the ICAAP 34
B Appendix: Proposed ICAAP Report Contents 37
C Appendix: List of Specific Risks 38
D Appendix: Risk Assessment Tool 39
E Appendix: Principles of Internal Governance 41
F Appendix: Examples of Stress Testing Scenarios 46
G Appendix Pillar 2 Capital Allocation and Capital Planning 48
1 Introduction
1.1 Background
In accordance with Paragraph 31, Chapter 6, Part C of Directive DI144-2007-05 of 2011 (the
“Directive”) of the Cyprus Securities and Exchange Commission (“the Commission”), on the
Capital Requirements of Investment Firms (“IFs”), and Section 68 of the Investment Services
and Activities and Regulated Markets Law of 2007, as amended (‘the Law’), all Cyprus
Investment Firms (“CIF”) shall have in place sound, effective and complete strategies and
processes to assess and maintain on an ongoing basis the amounts, types and distribution of
internal capital that they consider adequate to cover the nature and level of the risks to which
they are or might be exposed.
These strategies and processes shall be subject to regular internal review to ensure that they
remain comprehensive and proportionate to the nature, scale and complexity of the activities of
the CIF.
1.2 Summary
Despite the fact that the CIF has the full responsibility of proving its compliance with the
provisions of the aforementioned Directives, the Commission has prepared these guidelines to
assist the CIFs in taking the necessary actions in order to comply with the provisions of the
aforementioned Directives.
Although these guidelines are not binding, a CIF which decides not to apply them shall, upon
request, inform the Commission about the alternative procedures that it has established and
applied regarding these issues. In such a case, the Commission must be satisfied with the
fulfillment of the requirements of the aforementioned Directives by the alternative procedures.
This guidance document addresses the distinctive components and framework for the
implementation of the Internal Capital Adequacy Assessment Process (“ICAAP”) providing the
guidelines on how the provisions of the Directive in terms of the ICAAP should be interpreted
and applied in practice. Furthermore, this document, in conjunction with the document
regarding the Supervisory Review and Evaluation Process (“SREP”), sets out the principles
and methods which the Commission intends to apply for assessing the capital requirement
calculations of the CIFs under its supervision.
The Directive is a transposition of Directives 2006/48/EC and 2006/49/EC of the European
Commission, which are based on the rules set by the Basel II Capital Accord of the Bank of
International Settlements.
The Basel II Capital Accord is structured on three pillars. The first pillar sets out the mechanism
for calculating the minimum regulatory capital that a CIF needs to hold to cover credit risk,
operational risk, and market risk. ICAAP and the SREP fall within the scope of the second
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pillar, which aims at providing the regulatory authorities with a tool to assess the completeness
and adequacy of each CIF’s capital adequacy vis-à-vis the risks that it faces. The third pillar
aims to complement the other two by developing a set of disclosure requirements which allow
the market participants to gauge the capital adequacy of CIFs.
The present guidelines fall within the scope of Pillar 2 and are applied to all CIFs that are
subject to the Directive. Pillar 2 can be described as a set of relationships between the
Commission and the CIFs, the objective of which is to enhance the link between a CIF’s risk
profile, its risk management and risk mitigation systems, and its capital (see diagram 1). Pillar
2 establishes a process of prudential interaction that complements and strengthens Pillar 1, by
promoting an active dialogue between the Commission and CIFs such that, any inadequacies or
weaknesses of the internal control framework and also other important risks, the fulfillment of
which may entail threats for the CIF, are identified and managed effectively with the
enforcement of regulatory measures like e.g. the support of the internal control system or
additional supplementary capital, in addition to Pillar 1 minimum levels. After each CIF has
designed and implemented its ICAAP, resulting in an ICAAP Report submitted to CySEC, the
Commission assesses through the SREP, the entire process and accordingly imposes the
appropriate measures as mentioned above (additional capital and/or additional internal controls).
Risk is a significant aspect of business activities in a market economy. As risk taking constitutes
a major characteristic of every CIF business, it is especially important for CIFs to address risk
management issues. The necessity from a business perspective, to introduce the ICAAP, has
arisen from developments in the financial markets and the limitations in the risk control
environment of CIFs. Therefore, the implementation of an ICAAP is not rooted exclusively in
supervisory considerations; rather it should be in the best interest of all stakeholders of a CIF.
The main motive for introducing the ICAAP can therefore be seen in ensuring a viable risk
position by dealing with risks in the appropriate manner. In particular, it is important to detect
developments which may endanger the CIF as early as possible in order to enable the CIF to
take suitable countermeasures. In this respect, introducing an ICAAP serves the interests of all
the internal and external stakeholders of a CIF.
This document provides the guidelines and the basic principles for the implementation of an
ICAAP, since the regulatory requirements regarding internal capital adequacy calculation vary
based on the type, size and service complexity of the CIF concerned. As a standardized method
that is equally applicable to all CIFs cannot be provided, the Commission develops requirements
for specific CIFs taking into account the principle of proportionality1.
The Commission would like to note that during the development of this Guidelines document
has considered principles applied by other European supervisory authorities in respect of the

1Methods and procedures used within the framework of ICAAP and SREP should be compatible to the nature, scale
and complexity of the business activities of the CIF, especially when taking into account the nature and range of the
investment services and activities it undertakes in terms of the said business activities (see section 3 for further
information).
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internal capital adequacy assessment process, as well as best practices and lessons learned from
other European financial markets.

Diagram 1: Pillar 2

1.3 Definitions
The following definitions, within the scope of the Pillar II, are essential in the process of
adequately comprehending the following chapters of this Guidance document:
1.3.1 ICAAP: Internal Capital Adequacy Assessment Process
The ICAAP comprises of all the procedures and measures adopted by a CIF, with the purpose of
ensuring the following:
 the appropriate identification and measurement of risks;
 an appropriate level of internal capital in relation to the CIFs risk profile and
 the application and further development of suitable risk management and internal control
systems.

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1.3.2 ICAAP Report
The ICAAP Report is the document submitted to the Commission, explaining how the CIF has
implemented and embedded the ICAAP (process) within its business, describing its risk profile
and the extent of risk appetite that is prepared to accept as well as the capital that it considers as
adequate to be held against all the risks that it is exposed to.
The ICAAP Report must reflect the reality of the CIF’s ICAAP as a discipline embedded within
the business and it cannot simply be a regulatory compliance exercise.
1.3.3 SREP: Supervisory Review and Evaluation Process
The SREP comprises of the processes and measures applied by the Commission to ensure that
CIFs have sufficient capital to support all material risks to which their business exposes them.
The processes followed by the Commission in terms of the SREP include the review and
evaluation of the CIF’s ICAAP, the performance of an independent assessment of the CIF’s risk
profile and, if necessary, taking prudential measures and other supervisory actions. Additional
information about this process can be found in the Commission’s SREP Guidelines.
1.3.4 Internal Capital
Internal capital is the level of capital that each CIF, after the application of its internal risk
assessment procedures, considers as adequate for the coverage of all the risks that is, or could
be, exposed to. Internal capital needs can be regarded as the total capital requirement resulting
from the CIF’s Pillar 1 and Pillar 2 calculations.
1.3.5 Regulatory Capital
Regulatory capital can be given the following two interpretations:
 The minimum amount of capital that a CIF is required to hold against all risks that is, or
could be, exposed to,
 The capital requirement that results from the SREP performed by the Commission (i.e. the
total capital need required by the Commission)
1.4 Structure of the Guidelines
As already stated, the purpose of this Guidance Document is to provide all CIFs with the
guidelines and minimum requirements of the Commission for the design and implementation of
a sound and robust ICAAP and the submission of a complete and adequate ICAAP Report.
Furthermore, in conjunction with the SREP Guidelines, that have been prepared by the
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Commission, the areas that will be the subject of review, under the supervisory review and
evaluation process, are being laid out and detailed.
This Document follows the structure below:
 Pillar 2 and the ICAAP: In this first section, the Commission highlights the importance of
the ICAAP, as regards to the risk management and internal control framework of the CIFs
and, additionally, outlines its input to the supervision review process, to be carried out by
the Commission. The principles for the implementation of the ICAAP are also outlined, as
proposed by the European Banking Authority (former Committee of European Banking
Supervisors – CEBS).
 Principle of proportionality and levels of application of the ICAAP: The section focuses
on the extent of supervisory expectations regarding the internal capital requirement
calculations which highly depend on the nature, scale, complexity and systemic importance
of each CIF. Additionally the methods for the application of the ICAAP are laid out (pillar 1
minimum capital approach and advanced approaches). Furthermore a detailed description of
the application requirements within groups are presented (solo, sub consolidated and
consolidated basis).
 Implementation of the ICAAP and the ICAAP Report: The practical aspects of the
ICAAP implementation and its components are presented in this fourth section. Through a
proposed ICAAP Report structure, the different components of the ICAAP (process) are
unraveled and explained, since at the completion of the process, these will be the subject of
the Commission’s review.
 ICAAP Implementation Process: The guidance document is completed with the
presentation of the four distinct phases that the Commission would expect to see in the
implementation process of the ICAAP and also the critical success factors are outlined.

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2 Pillar 2 and the ICAAP
2.1 The Commission’s general approach to Pillar 2
As its name indicates, the ICAAP is an internal tool, which shall allow CIFs to assess their
position and hold the internal capital they deem appropriate in order to cover all the risks to
which they are or could be exposed to in the future. Since the ICAAP is essentially an internal
process, it is not for the Commission to determine in detail the approach in which it shall be
carried out or implemented within each CIF. There is no single correct methodology for
assessing internal capital adequacy. ICAAP is based on the approach chosen entirely by each
CIF’s management, which must be in place to justify to the Commission the validity and
soundness of its approach. Consequently, the purpose of this document is to indicate to the CIFs
its minimum expectations in relation to the ICAAP, since it will be the object of supervision
under the SREP.
The Commission would like to note that the implementation of these guidelines should follow
the principle of “comply or explain” which foresees that CIFs must be able to explain to the
Commission the reasons for any failure in implementing or partial implementing of a certain
requirement stated in these Guidelines.
2.2 Principles for the implementation of the ICAAP
As stated, the ICAAP comprises all of a CIF’s procedures and measures designed to ensure the
following:
 the appropriate identification and measurement of risks;
 an appropriate level of internal capital in relation to the CIFs risk profile; and
 the application and further development of suitable risk management systems.

The implementation of the ICAAP by every CIF should be based on the following principles2:
 Every CIF must have a process for assessing its capital adequacy relative to its risk
profile (an ICAAP) – the Commission requires for each CIF to have an effective and sound
ICAAP in place.
 The ICAAP is the responsibility of the CIF – each CIF is responsible for having in place
an effective ICAAP based on regulatory requirements and guidelines, and for setting target
levels for own funds that are consistent with its risk profile and operating environment. The

2Guidelines on the Application of the Supervisory Review Process under Pillar 2 (CP03 Revised), EBA/CEBS,
January 2006
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CIF retains full responsibility for their ICAAP regardless of the degree of outsourcing
components or procedures of the ICAAP to third parties.
 The ICAAP’s design should be fully specified, the CIF’s capital policy should be fully
documented, and the Board of Directors (“BoD”) and Senior Management should take
responsibility for the ICAAP – The responsibility for initiating and designing the ICAAP
rests with the BoD and the Senior Management of the CIF. The BoD should approve the
design of the ICAAP and the detailed implementation is the responsibility of the Senior
Management. The CIF’s ICAAP should be formally documented. The results of the ICAAP
should be reported to the management and the BoD of the CIF.
 The ICAAP should form an integral part of the management process and decision
making culture of the CIF – The ICAAP should form an integral part of the CIF’s
management processes so as to enable the BoD and Senior Management of the CIF, to
assess, on an ongoing basis, the risks that are inherent in their activities and material to the
CIF.
 The ICAAP should be reviewed regularly – The ICAAP should be reviewed by the CIF
as often as is deemed necessary to ensure that risks are covered adequately and that capital
coverage reflects the actual risk profile of the CIF. This review should take place at least
annually. The ICAAP and its review process should be subject to independent assessment
by a function or person that has not been involved in the ICAAP process (e.g. the Internal
Audit Function). Any changes in the CIF’s strategic focus, business plan, operating
environment or other factors that materially affect assumptions or methodologies used in the
ICAAP should initiate appropriate adjustments to the ICAAP.
 The ICAAP should be risk based – The additional capital charge for the CIF will be
significantly relied on its risk profile and operating environment. All considerations and
factors taken into account for the set of an internal capital target should be presented
through the dialogue with the Commission and the assessment procedure for each one
should be explained and documented (quantitative and qualitative approaches).
 The ICAAP should be comprehensive – The ICAAP should capture all the material risks
to which the CIF is exposed to, albeit there is no standard categorization of risk types and
definition of materiality. ICAAP should cover risks covered under Pillar 1, risks not fully
captured under Pillar 1 (e.g. operational risk, concentration risk, etc.) and Pillar 2 risks (e.g.
strategic risk, liquidity risk, reputation risk, etc.).
 The ICAAP should be forward-looking – The ICAAP should be strongly interconnected
with the strategic plans of the CIF and a forward capital plan should be put in place in
function with a 3 to 5 year budget. The CIF should conduct appropriate stress tests which
take into account, all the material risks identified, and analyzing the impact of the test to the
future capital requirements of the CIF.
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