Procedures to prevent investment firms from avoiding the K‐CON own funds requirement
Article 40
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.