TITLE VPRINCIPLES AND TECHNICAL INSTRUMENTS FOR PRUDENTIAL SUPERVISION AND DISCLOSURE
CHAPTER 2Technical instruments of prudential supervision
Section 1Own funds
Article 63
1.
The concept of own funds used by a Member State may include other items provided that, whatever their legal or accounting designations might be, they have the following characteristics:
(a)
they are freely available to the credit institution to cover normal banking risks where revenue or capital losses have not yet been identified;
(b)
their existence is disclosed in internal accounting records; and
(c)
their amount is determined by the management of the credit institution, verified by independent auditors, made known to the competent authorities and placed under the supervision of the latter.
2.
Securities of indeterminate duration and other instruments that fulfil the following conditions may also be accepted as other items:
(a)
they may not be reimbursed on the bearer's initiative or without the prior agreement of the competent authority;
(b)
the debt agreement shall provide for the credit institution to have the option of deferring the payment of interest on the debt;
(c)
the lender's claims on the credit institution shall be wholly subordinated to those of all non-subordinated creditors;
(d)
the documents governing the issue of the securities shall provide for debt and unpaid interest to be such as to absorb losses, whilst leaving the credit institution in a position to continue trading; and
(e)
only fully paid-up amounts shall be taken into account.
To these securities and other instruments may be added cumulative preferential shares other than those referred to in point (h) of Article 57.
3.
For credit institutions calculating risk-weighted exposure amounts under Section 3, Subsection 2, positive amounts resulting from the calculation in Annex VII, Part 1, point 36, may, up to 0,6 % of risk weighted exposure amounts calculated under Subsection 2, be accepted as other items. For these credit institutions value adjustments and provisions included in the calculation referred to in Annex VII, Part 1, point 36 and value adjustments and provisions for exposures referred to in point (e) of Article 57 shall not be included in own funds other than in accordance with this paragraph. For these purposes, risk-weighted exposure amounts shall not include those calculated in respect of securitisation positions which have a risk weight of 1 250 %.