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+Article 429a 1. |
Article 429a 1.By way of derogation from Article 429(4), an institution may exclude any of the following exposures from its total exposure measure:
(a)
the amounts deducted from Common Equity Tier 1 items in accordance with point (d) of Article 36(1);
(b)
the assets deducted in the calculation of the capital measure referred to in Article 429(3);
(c)
exposures that are assigned a risk weight of 0 % in accordance with Article 113(6) or (7);
(ca)
where the institution is a member of the network referred to in Article 113(7), the exposures that are assigned a risk weight of 0 % in accordance with Article 114 and arising from assets being an equivalent of deposits in the same currency of other members of that network stemming from legal or statutory minimum deposit in accordance with Article 422(3), point (b); in such a case exposures of other members of that network being legal or statutory minimum deposit are not subject to point (c) of this paragraph;
(d)
where the institution is a public development credit institution, the exposures arising from assets that constitute claims on central governments, regional governments, local authorities or public sector entities in relation to public sector investments, and promotional loans;
(da)
the institution’s exposures to its shareholders, provided that such exposures are collateralised to the level of at least 125 % by assets referred to in Article 129(1), points (d) and (e), and those assets are accounted for in the shareholders’ leverage ratio requirement, where the institution is not a public development credit institution but it meets the following conditions:
(i)
its shareholders are credit institutions and do not exercise control over the institution;
(ii)
it complies with paragraph 2, points (a), (b), (c) and (e), of this Article;
(iii)
its exposures are located in the same Member State;
(iv)
it is subject to some form of oversight by a Member State’s central government on an ongoing basis;
(v)
its business model is limited to the pass-through of the amount corresponding to the proceeds raised through the issuance of covered bonds to its shareholders, in the form of debt instruments;
(e)
where the institution is not a public development credit institution, the parts of exposures arising from passing-through promotional loans to other credit institutions;
(f)
the guaranteed parts of exposures arising from export credits that meet both of the following conditions:
(i)
the guarantee is provided by an eligible provider of unfunded credit protection in accordance with Articles 201 and 202, including by export credit agencies or by central governments;
(ii)
a 0 % risk weight applies to the guaranteed part of the exposure in accordance with Article 114(2) or (4) or Article 116(4);
(g)
where the institution is a clearing member of a QCCP, the trade exposures of that institution, provided that they are cleared with that QCCP and meet the conditions set out in point (c) of Article 306(1);
(h)
where the institution is a higher-level client within a multi-level client structure, the trade exposures to the clearing member or to an entity that serves as a higher-level client to that institution, provided that the conditions set out in Article 305(2) are met and provided that the institution is not obligated to reimburse its client for any losses suffered in the event of default of either the clearing member or the QCCP;
(i)
fiduciary assets which meet all the following conditions:
(i)
they are recognised on the institution's balance sheet by national generally accepted accounting principles, in accordance with Article 10 of Directive 86/635/EEC;
(ii)
they meet the criteria for non-recognition set out in International Financial Reporting Standard (IFRS) 9, as applied in accordance with Regulation (EC) No 1606/2002;
(iii)
they meet the criteria for non-consolidation set out in IFRS 10, as applied in accordance with Regulation (EC) No 1606/2002, where applicable;
(j)
exposures that meet all the following conditions:
(i)
they are exposures to a public sector entity;
(ii)
they are treated in accordance with Article 116(4);
(iii)
they arise from deposits that the institution is legally obliged to transfer to the public sector entity referred to in point (i) for the purpose of funding general interest investments;
(k)
the excess collateral deposited at tri-party agents that has not been lent out;
(l)
where under the applicable accounting framework an institution recognises the variation margin paid in cash to its counterparty as a receivable asset, the receivable asset, provided that the conditions set out in points (a) to (e) of Article 429c(3) are met;
(m)
the securitised exposures from traditional securitisations that meet the conditions for significant risk transfer set out in Article 244(2);
(n)
the following exposures to the institution’s central bank, subject to the conditions set out in paragraphs 5 and 6:
(i)
coins and banknotes constituting legal currency in the jurisdiction of the central bank;
(ii)
assets representing claims on the central bank, including reserves held at the central bank;
(o)
where the institution is authorised in accordance with Article 16 and point (a) of Article 54(2) of Regulation (EU) No 909/2014, the institution's exposures due to banking-type ancillary services listed in point (a) of Section C of the Annex to that Regulation which are directly related to the core or ancillary services listed in Sections A and B of that Annex;
(p)
where the institution is designated in accordance with point (b) of Article 54(2) of Regulation (EU) No 909/2014, the institution's exposures due to banking-type ancillary services listed in point (a) of Section C of the Annex to that Regulation which are directly related to the core or ancillary services of a central securities depository, authorised in accordance with Article 16 of that Regulation, listed in Sections A and B of that Annex;
(q)
the exposures that are subject to the treatment set out in Article 72e(5), first subparagraph. For the purposes of point (m) of the first subparagraph, institutions shall include any retained exposure in the total exposure measure. 1. Übersicht
1.1 Referenzen1.2 Identifizierte Anforderungen1.3 Zugehörige Standards2. Identifizierte Anforderungen
3. Zugehörige Standards
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