Authorised Market Institution must, subject to (3) and (4), have and maintain at all times:
(a) the minimum financial resource requirement in (2); and
(b) additional financial resources of a type acceptable to the
DFSA which are adequate in relation to the nature, size and complexity of its business to ensure that there is no significant risk that liabilities cannot be met as they fall due.
(2) The minimum financial resource requirement referred to in (1)(a) is:
(a) an amount equal to one half of the estimated gross operating costs of the
Authorised Market Institution for the next twelvemonth period; or
(b) such other capital amount as may be specified by the
(3) The assets held by an
Authorised Market Institution for the purposes of meeting the financial resources requirements in (1):
(a) must be of high quality and sufficiently liquid in order to allow the
Authorised Market Institution to meet its current and projected operating expenses under a range of adverse scenarios, including in adverse market conditions; and
(b) must be held, where it comprises cash, by an entity which is a
Bank, or a financial institution authorised and supervised by a Financial Services Regulator acceptable to the DFSA with respect to the activity of deposit taking.
Authorised Market Institution must have systems and controls to enable it to determine and monitor whether its financial resources are sufficient for the purposes of the requirement in (1). For this purpose, the systems and controls of an Authorised Market Institution must address the following factors, with any other factors that are relevant and appropriate to its operations model:
(a) the nature, scale, and complexity of the activities and risks associated with its operations;
(b) the operational, counterparty, market and settlement risks to which it is exposed;
(c) the amount, composition and legal position of its available financial resources; and
(d) its ability to access additional financial resources if required.
Authorised Market Institution must monitor and manage the concentration of credit and liquidity exposures to commercial banks and clearing Members.
(6) The procedures in Schedule 3 to the
Regulatory Law apply to a decision of the DFSA under (2)(b) to specify a capital amount after a Licence has been granted.
(7) If the
DFSA decides to exercise its power under (2)(b) to specify a capital amount after a Licence has been granted, the Authorised Market Institution may refer the matter to the FMT for review.