The requirement regarding the initial capital determines the necessary minimum in respect of a bank’s own funds, which, at the moment of the bank establishment, will consist of the initial capital only. The minimum, however, is not sufficient to safeguard against the risk associated with the bank’s operating activity, that is, the performance of banking operations. In accordance with Article 30(1) point 1(a) of the Banking Law, the establishment of a bank may take place if the bank has been provided with its own funds commensurate to the types of banking operations expected to be conducted and to the scale of the intended activity. The requirement regarding the bank’s own funds adequacy has been defined in Article 128 of the Banking Law. In accordance with Paragraph 1 of that article, the bank is required to maintain the amount of its own funds at a level not lower than the higher one of the following values:

• the value resulting from the fulfilment of requirements in respect of the bank’s own funds referred to in Article 92 of Regulation No 575/2013;
• the amount estimated by the bank which is necessary to cover all identified material risks occurring in the bank’s activities and changes in the economic environment, including the expected level of risk (internal capital).