X1PART TWOF1OWN FUNDS AND ELIGIBLE LIABILITIES

Annotations:
Editorial Information
Amendments (Textual)

TITLE IELEMENTS OF OWN FUNDS

CHAPTER 2Common Equity Tier 1 capital

Section 3Deductions from Common Equity Tier 1 items, exemptions and alternatives

Sub-Section 2Exemptions from and alternatives to deduction from Common Equity Tier 1 items

Article 49Requirement for deduction where consolidation F3or supplementary supervision is applied

1

For the purposes of calculating own funds on an individual basis, a sub-consolidated basis and a consolidated basis, where the competent authorities require or permit institutions to apply F7method 1 or 2 or a combination of these under Annex 2 of the Financial Conglomerates part of the PRA Rulebook and Chapter 3 of the FCA General Prudential sourcebook, the competent authorities may permit institutions not to deduct the holdings of own funds instruments of a financial sector entity in which the parent institution, parent financial holding company or parent mixed financial holding company or institution has a significant investment, provided that the conditions laid down in points (a) to (e) of this paragraph are met:

a

the financial sector entity is an insurance undertaking, a re-insurance undertaking or an insurance holding company;

b

that insurance undertaking, re-insurance undertaking or insurance holding company is included in the same supplementary supervision under F8the United Kingdom enactment and rules which implemented Directive 2002/87/EC as the parent institution, parent financial holding company or parent mixed financial holding company or institution that has the holding;

c

the institution has received the prior permission of the competent authorities;

d

prior to granting the permission referred to in point (c), and on a continuing basis, the competent authorities are satisfied that the level of integrated management, risk management and internal control regarding the entities that would be included in the scope of consolidation under method 1, 2 or 3 is adequate;

e

the holdings in the entity belong to one of the following:

  1. (i)

    the parent credit institution;

  2. (ii)

    the parent financial holding company;

  3. (iii)

    the parent mixed financial holding company;

  4. (iv)

    the institution;

  5. (v)

    a subsidiary of one of the entities referred to in points (i) to (iv) that is included in the scope of consolidation pursuant to Chapter 2 of Title II of Part One.

The method chosen shall be applied in a consistent manner over time.

2

For the purposes of calculating own funds on an individual basis and a sub-consolidated basis, institutions subject to supervision on a consolidated basis in accordance with Chapter 2 of Title II of Part One shall not deduct holdings of own funds instruments issued by financial sector entities included in the scope of consolidated supervision, unless the competent authorities determine those deductions to be required for specific purposes, in particular structural separation of banking activities and resolution planning.

F4...

F2This paragraph shall not apply when calculating own funds for the purposes of the requirements laid down in F15Article 92a, which shall be calculated in accordance with the deduction framework set out in Article 72e(4).

F53

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4

The holdings in respect of which deduction is not made in accordance with paragraph 1 F6or 2 shall qualify as exposures and shall be risk weighted in accordance with Chapter 2 or 3 of Title II of Part Three F11and Articles 132a to 132c of Chapter 3 of the Standardised Approach and Internal Ratings Based Approach to Credit Risk (CRR) Part of the PRA Rulebook, as applicable.

5

Where an institution applies method 1, 2 or 3 of F9Annex 2 of the Financial Conglomerates part of the PRA RulebookF12..., the institution shall disclose the supplementary own funds requirement and capital adequacy ratio of the financial conglomerate as calculated in accordance with F13Chapter 3 and Annex 2 of the Financial Conglomerates Part of the PRA Rulebook.

6

F10Where a competent authority applies method 1, 2 or a combination of these under Annex 2 of the Financial Conglomerates part of the PRA RulebookF14..., the competent authority must disclose the supplementary own funds requirement and capital adequacy ratio of the financial conglomerate.