HOCH CAPITAL LTD PILLAR 3 DISCLOSURES As at 1 February 2015

Transcription

1 HOCH CAPITAL LTD PILLAR 3 DISCLOSURES As at 1 February 2015 TABLE OF CONTENTS 1. Overview / Background 1.1 Introduction 1.2 Frequency of disclosure 1.3 Location and verification of disclosure 1.4 Scope of Application 2. Risk Management Objectives and Policies 2.1 Corporate governance framework 3. Capital Resources 3.1 Total capital resources summary 4. Principle Business Risks 4.1 Market Risk 4.2 Operational Risk 4.3 Credit Risk 4.4 Liquidity Risk 5. Capital Adequacy 5.1 Internal Capital Adequacy Assessment Process 6. Capital Management 7. Remuneration Disclosure

2 1. Overview / Background 1.1 Introduction This report relates to Hoch Capital Ltd ( the Company ), an investment firm licensed by the Cyprus Securities and Exchange Commission ( CySEC ) under License No. 198/13. The Pillar 3 disclosure is a requirement of the European Union s Capital Requirements Directive (CRD), as implemented in Cyprus by Cyprus Securities and Exchange Commission (Directive DI ) - and aims to encourage market discipline by developing a set of disclosure requirements which will allow market participants to access key information on firms capital adequacy and risk assessment and control processes. The three Pillars which constitute the Capital Requirements Directive are: Pillar 1 which establishes the minimum capital requirements in respect of credit, market and operational risk exposures Pillar 2 which requires the assessment of whether the Company s Pillar 1 Capital is adequate to meet risk exposures and the calculation of the amount of capital that should be held against those exposures and forms the basis of the Internal Capital Adequacy Assessment Process ( ICAAP ) required by CySEC Pillar 3 which requires the public disclosure of specific information about the underlying risk management controls and capital position 1.2 Frequency of disclosure The Company will make Pillar 3 disclosures on an annual basis, or more frequently if there is a material change in the approaches or permissions used to calculate regulatory capital. Disclosure will be made as soon as reasonably practicable after completion of the annual financial statements. 1.3 Location and verification of disclosure The disclosures made here have been reviewed by the Board and will be available on our website ( These are not subject to external audit. 1.4 Scope of Application Hoch Capital Ltd offers an execution only trading service to clients wishing to invest in forex, precious metals, CFDs, Spread betting and other high risk derivative products. The disclosures made here relate to the business and activities of Hoch Capital Ltd Limited and its subsidiaries Hoch Capital Invest Ltd and Hoch Markets Ltd which are fully consolidated for the purpose of CySEC reporting. The Company is a leading online trading broker offering the possibility to exchange stocks, commodities, CFDs and currencies. The Company s Disclosures below have been prepared using 31 December 2014 data in accordance with the Directive DI Risk Management structure, objectives and policies 2.1 Corporate governance framework 2

3 The Company s Board of Directors and Senior Management have the overall responsibility for the establishment and oversight of the Company s risk management framework, as well as for the internal control systems. More specifically, the Board of Directors oversees: The Company s risk governance structure to identify, measure, monitor and mitigate risks The performance and activities of the Company s operational risk management organization, and The key policies with respect to the oversight of specific risks, including credit, operational, capital and liquidity risk In addition, the Risk Manager reports to the Risk Management Committee, the Senior Management and the Board on a frequent basis and at least annually, and is responsible for: Monitoring the adequacy and effectiveness of the Company s risk management policies and procedures Examining the level of compliance by the Company and its staff with the arrangements, processes and mechanisms adopted Monitoring the adequacy and effectiveness of the measures taken to address any deficiencies in the aforementioned policies, procedures, arrangements, processes and mechanisms, including failures by Company staff to comply with such arrangements, processes and mechanisms or follow such policies and procedures. Assessing the exposures and capital adequacy results of the Company Educating and training Company personnel on risk-related issues Evaluating the potential effects from the introduction of new services and activities to the management of the Company s risks As an additional form of control, the Risk Management Committee is responsible for monitoring and controlling the Risk Manager in the performance of his duties. The Committee is dedicated primarily to managing the credit, market and operational risks resulting from the Company s operations, and as part of its responsibilities it has to set out, approve and regularly update the risk strategy. The Risk Management Committee convenes at least annually, as well as upon the request of one of its members or the Risk Manager. Its main responsibilities include the following: Risk Governance: Review and discuss with management the Company s risk governance structure Review and discuss with management the Company s risk management framework, including the strategies, policies, procedures and systems established by management to identify, assess, measure and manage the major risks faced by the Company Review and discuss management s assessment of the Company s aggregate risk profile Oversight of Risk Management: Evaluate the scope of work of the Corporate Risk organization and its planned risk management activities Review the appointment, performance and replacement of the Company s Risk Manager Review the effectiveness of operational risk management policies and controls Oversight of Risk Exposures: Review the Company s capital, liquidity and funding, including capital plan, regulatory capital ratios, and internal capital adequacy process Review reports from management regarding the effectiveness and administration of credit-related policies, and the adequacy of the allowance for credit losses 3

4 Review the Company s technology risk management program Review reports from Risk Management and Internal Audit relating to risk issues and management s responses to such reports The Risk Management Committee convenes at least annually, as well as upon the request of one of its members or the Risk Manager. Its main responsibilities include the following: Risk Governance: Review and discuss with management the Company s risk governance structure Review and discuss with management the Company s enterprise-wide risk management framework, including the strategies, policies, procedures and systems established by management to identify, assess, measure and manage the major risks faced by the Company Review and discuss management s assessment of the Company s aggregate enterprise-wide risk profile Oversight of Risk Management: Evaluate the scope of work of the Corporate Risk organization and its planned risk management activities Review the appointment, performance and replacement of the Company s Risk Manager Review the effectiveness of operational risk management policies and controls 3. Capital Resources 3.1 Total Capital Resources Summary Original own funds of the Company consist of Tier 1 and Tier 3 Capital. The Company does not have any Tier 2 capital resources. Tier 1 capital comprises of: Equity share capital Audit reserves Intangible assets The own funds of the Company is shown below: Capital Base 31 December 2014 (EUR 000) 31 December 2013 (EUR 000) Original Own Funds (Tier 1) 221 4

5 Eligible Additional Own Funds (Tier 2 Capital) 0 Eligible Additional Own Funds Specific To Cover Market Risks (Tier 3 Capital) 0 Deductions 0 Audited Income/(loss) for the year Total Tier 1 Capital 221 Total Tier 2 Capital 0 Total Eligible Own Funds Principle Business Risks The main objective of the Company s Risk Management framework is to monitor and control the following risk scenarios: 4.1 Market Risk Market Risk is the risk associated with the Company s balance sheet positions where the value of each cash flow depends on the movements in market prices. Markets price movements are related to the price fluctuation on foreign exchange rates, on the interest rates, on the equity, on the index and on the commodity prices. The Company considers its market risk to be significantly low, since under the model of operation all market risk is transferred to its counterparty provider(s). It will however, be regularly monitor the market price fluctuations and the market risk, and if deemed necessary, corrective actions will be taken to minimize this effect. The Company monitors the market risk that arises on client positions against internally approved limits and hedges client positions on internally agreed strategies to manage the Company s net exposure. Due to the nature of the business the Company is exposed to currency risk. On a weekly basis, assets and liabilities across currencies are matched to ensure that there are sufficient assets to cover liabilities in those particular currencies as and when they fall due. Market Risk Mitigation: The Risk Manager is responsible for the monitoring of the Company s risk exposure and any deviation have to be reported to the Risk Management Committee The Risk Management Committee is an independent unit reporting directly to the Board of Directors The trading activity is recorded so as to allow the Risk Committee to review and monitor the Company s exposure in real time Trades with Clients from multiple locations and in this way achieves a natural diversification of its risk benefiting from a significant degree of natural hedging between the Clients 5

6 Market Risk calculation The Company uses the Standardised Approach to calculate the capital requirements of market risk. 4.2 Operational Risk This is the risk of loss arising from inadequate or failed internal processes, people and systems or from external events. Business continuity, fraud (internal and external), dealing errors, administrative errors, Information Technology failure and regulatory action have been identified as the key elements of operational risk to which the Company is exposed. Not all of these risks can be effectively eliminated; however the Board believes that these risks are adequately controlled by key personnel and a rigorous control framework. Operational Risk Mitigation: Maintaining a four eye structure and implementing board oversight. The Compliance Officer must ensure the accuracy of any statements made during the marketing and advertising processes and ensure that the information addressed to the Client is fair, clear and not misleading. The Compliance Officer insures that proper and necessary information/reports are sent to CySEC on time. Management formally communicates duties and responsibilities to employees through regular meetings, seminars and trainings. Internal audit visits are implemented to ensure that employees comply with the Company s internal procedures. Several policies and procedures have been established and followed in an attempt to identify and minimize any fraudulent activities. An online web-based screening program called World-Check is used in an attempt to improve know your clients procedures Instant online reporting is available to Clients to minimize the risk of mismarking the Clients positions. The Company obtains legal advice from its legal advisors for all its official documents and before it enters into new markets. The Company has adopted the basic indicator approach to Operational Risk. 4.3 Credit Risk The risk of the Company s customers and counterparties fail to pay monies due to the Company. The Company has its main exposure to credit risk in respect of its clients. The Company exercises all deals for its clients through an automated system which is programmed to close client positions out automatically when the client's initial deposit is eroded to 20% of the relevant margin requirement. In an unlikely event that the position is closed out outside these parameters, perhaps due to a leap in the market prices, and a debit is owed on the account that the client cannot or is unwilling to pay, the Company will suffer a loss. Management regards such event as extremely unlikely and expects profits generated from such volatility of the market at least to compensate for the small bad debt loss. In any event the Company is entitled to pursue the client for the loss, but due to the global nature of the client base this option has no guarantee of success. The Company also has credit exposure from other banks and prime brokers where deposits and other balances are held. We only uses top tier banks to hold funds. Holdings with the institutions are periodically reviewed to ensure that the internally set concentration levels are not exceeded. Credit risk capital requirement is based on 8% of its risk-weighted assets. 6

7 The Company has implemented policies that require appropriate checks on potential customers before trading. The Company uses the Standardised Approach for the calculation the capital requirements for credit risk. 4.4 Liquidity Risk Liquidity risk is the risk that the Company will encounter difficulties in meeting obligations of financial liabilities as and when they arise. It is management s policy to ensure that the Company will always have sufficient liquidity to meet its financial obligations as and when they fall due. The liquidity position is monitored on a daily basis, with management information provided to the Company Management on a weekly basis. Liquidity Risk Mitigation The Company prepares monthly budgets to ensure that it meets its obligations on time The Company ensures that it has sufficient cash on demand to meet expected operational expenses The Finance department monitors rolling forecasts of the Company s liquidity requirements based on expected cash flows in order to have sufficient cash to meet its operational needs 5. Capital Adequacy The Company s capital management objectives are: To ensure the Company s ability to continue as a going concern, and To meet regulatory capital requirements at all times. These objectives are primarily met by managing the market risks that the Company faces on a regular basis. The Company is regulated by Cyprus Security and Exchange Commission (CySEC), and is required to adhere to a minimum capital requirement. Capital is represented by issued share capital and reserves. The capital requirements are derived from credit risk, operational risk, market risk and counterparty risk. 5.1 Internal Capital Adequacy Assessment Process The Company performs an internal capital adequacy assessment annually or more often if required. The internal document covers all of the risks to which the Company is exposed and is approved by the Board. The Company recognises the importance of maintaining a strong capital base to support future development. Capital Adequacy Ratio as at 31 December 2013 (EUR 000) as at 31 Dec (EUR 000) as at 31 Dec Original Own Funds (Tier 1) 201 Total Eligible Own Funds 201 7

8 Market Risk (Position, Foreign Exchange and Commodities Risk) 0 Credit Risk 9 Operational Risk 132 Total Capital Requirements 141 Capital Adequacy Ratio 12.52% Minimum Capital Adequacy Ratio 8% 6. Capital Management The company believes its capital to be represented by issued share capital and loans to the extent of their contractual amounts as reflected in the financial statements. The Company has a pro-active approach to managing its capital with the Directors monitoring financial resources on regular basis. 7. Remuneration 1. The Company applies a remuneration policy to all of its employees. The Company is committed to the ongoing development of its people, and it operates an annual Performance Appraisal programme, in which staff participates. In addition, the Company ensures: the development of a good corporate governance for a sustain and and long-term value creation for shareholder its employees are offered a competitive remuneration package its employees feel encouraged and motivated to create sustainable results for value creation the discussion if any issues identified by either the employee or the CEO It is important to note that this appraisal process is not designed to replace ongoing feedback and discussion, but to enhance the communication that is already taking place between the CEO and the individual employee. 2. Performance-based remuneration is awarded in a manner that promotes sound risk management and does not include excessive risk-taking. Performance-based remuneration is finalised and approved by the CEO in consultation with the General Manager and the Head of the equivalent employee s department. 8

9 A number of parameters, such as the speed of conducting the assigned tasks, the quality of the end results, the achievement of the set goals, the quality of customer service, the speed of order execution (where applicable) and the overall commitment to the Company and its values, are also included in the consideration for the performance-based remuneration. Performance-based pay is granted to employees with particular influence on Company results and shareholder value. In functions targeting capital markets, performance-based pay is a significant proportion of the total remuneration package for selected employees, to attract and retain the most talented people in these fields. Performance-based remuneration is granted to reflect the individual employee s performance and departmental as well as Company results. A discretionary assessment is always made to ensure that other factors - factors which are not directly measurable - are considered. 3. The remuneration of Senior Management and Directors of the Company for 2013 was as follows: Personnel No. of people during 2014 Fixed Remuneration Variable Remuneration Aggregated Remuneration for 2014 Directors and Senior Management Senior Management consists of the Executive Director and the Heads of Departments. 9