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Capital Requirements Regulation (CRR)
Article 364

Article 364 — Own funds requirements when using internal models

  1. Each institution using an internal model shall fulfil, in addition to own funds requirements calculated in accordance with Chapters 2, 3 and 4 for those risk categories for which permission to use an internal model has not been granted, an own funds requirement expressed as the sum of points (a) and (b):
    1. the higher of the following values:
      1. its previous day's value-at-risk number calculated in accordance with Article 365(1) (VaRt-1);
      2. an average of the daily value-at-risk numbers calculated in accordance with Article 365(1) on each of the preceding sixty business days (VaRavg), multiplied by the multiplication factor (mc) in accordance with Article 366;
    2. the higher of the following values:
      1. its latest available stressed-value-at-risk number calculated in accordance with Article 365(2) (sVaRt-1); and
      2. an average of the stressed value-at-risk numbers calculated in the manner and frequency specified in Article 365(2) during the preceding sixty business days (sVaRavg), multiplied by the multiplication factor (ms) in accordance with Article 366;
  2. Institutions that use an internal model to calculate their own funds requirement for specific risk of debt instruments shall fulfil an additional own funds requirement expressed as the sum of the following points (a) and (b):
    1. the own funds requirement calculated in accordance with Article 337 and 338 for the specific risk of securitisation positions and nth to default credit derivatives in the trading book with the exception of those incorporated in an own funds requirement for the specific risk of the correlation trading portfolio in accordance with Section 5 and, where applicable, the own funds requirement for specific risk in accordance with Chapter 2, Section 6, for those positions in CIUs for which neither the conditions in Article 350(1) nor Article 350(2) are fulfilled;
    2. the higher of:
      1. the most recent risk number for the incremental default and migration risk calculated in accordance with Section 3;
      2. the average of this number over the preceding 12 weeks.
  3. Institutions that have a correlation trading portfolio, which meets the requirements in Article 338(1) to (3), may fulfil an own funds requirement on the basis of Article 377 instead of Article 338(4), calculated as the higher of the following:
    1. the most recent risk number for the correlation trading portfolio calculated in accordance with Section 5;
    2. the average of this number over the preceding 12-weeks;
    3. 8 % of the own funds requirement that would, at the time of calculation of the most recent risk number referred to in point (a), be calculated in accordance with Article 338(4) for all those positions incorporated into the internal model for the correlation trading portfolio.