+TITLE II MINORITY INTEREST AND ADDITIONAL TIER 1 AND TIER 2 INSTRUMENTS ISSUED BY SUBSIDIARIES
---+Article 81 Minority interests that qualify for inclusion in consolidated Common Equity Tier 1 capital
------+Article 81 1.
------+Article 81 2.
---+Article 82 Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds
---+Article 83 Qualifying Additional Tier 1 and Tier 2 capital issued by a special purpose entity
------+Article 83 1.
------+Article 83 2.
---+Article 84 Minority interests included in consolidated Common Equity Tier 1 capital
------+Article 84 1.
------+Article 84 2.
------+Article 84 3.
------+Article 84 4.
------+Article 84 5.
------+Article 84 6.
---+Article 85 Qualifying Tier 1 instruments included in consolidated Tier 1 capital
------+Article 85 1.
------+Article 85 2.
------+Article 85 3.
---+Article 86 Qualifying Tier 1 capital included in consolidated Additional Tier 1 capital
---+Article 87 Qualifying own funds included in consolidated own funds
------+Article 87 1.
------+Article 87 2.
------+Article 87 3.
---+Article 88 Qualifying own funds instruments included in consolidated Tier 2 capital
---+Article 88a Qualifying eligible liabilities instruments
---+Article 88b Undertakings in third countries
|
TITLE II MINORITY INTEREST AND ADDITIONAL TIER 1 AND TIER 2 INSTRUMENTS ISSUED BY SUBSIDIARIES
TITLE II MINORITY INTEREST AND ADDITIONAL TIER 1 AND TIER 2 INSTRUMENTS ISSUED BY SUBSIDIARIES
1. Overview
| Summary |
Regulation |
|
Article 81 Minority interests that qualify for inclusion in consolidated Common Equity Tier 1 capital
|
|
|
Article 82 Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds
|
Article 82
Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds
Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds shall comprise the minority interest, Additional Tier 1 or Tier 2 instruments, as applicable, plus the related share premium accounts, of a subsidiary where the following conditions are met:
▼M9
(a)
the subsidiary is one of the following:
(ii)
an undertaking that is subject by virtue of applicable national law to the requirements of this Regulation and of Directive 2013/36/EU;
(iii)
an intermediate financial holding company or intermediate mixed financial holding company that is subject to the requirements of this Regulation on a sub‐consolidated basis, or an intermediate investment holding company that is subject to the requirements of Regulation (EU) 2019/2033 on a consolidated basis;
(v)
an intermediate financial holding company in a third country, provided that that intermediate financial holding company is subject to prudential requirements as stringent as those applied to credit institutions of that third country and provided that the Commission has adopted a decision in accordance with Article 107(4) determining that those prudential requirements are at least equivalent to those of this Regulation;
▼C7
(b)
the subsidiary is included fully in the scope of consolidation pursuant to Chapter 2 of Title II of Part One;
(c)
the Common Equity Tier 1 items, Additional Tier 1 items and Tier 2 items referred to in the introductory part of this paragraph, are owned by persons other than the undertakings included in the consolidation pursuant to Chapter 2 of Title II of Part One.
|
|
Article 83 Qualifying Additional Tier 1 and Tier 2 capital issued by a special purpose entity
|
|
|
Article 84 Minority interests included in consolidated Common Equity Tier 1 capital
|
|
|
Article 85 Qualifying Tier 1 instruments included in consolidated Tier 1 capital
|
|
|
Article 86 Qualifying Tier 1 capital included in consolidated Additional Tier 1 capital
|
Article 86
Qualifying Tier 1 capital included in consolidated Additional Tier 1 capital
Without prejudice to Article 84 (5) or (6), institutions shall determine the amount of qualifying Tier 1 capital of a subsidiary that is included in consolidated Additional Tier 1 capital by subtracting from the qualifying Tier 1 capital of that undertaking included in consolidated Tier 1 capital the minority interests of that undertaking that are included in consolidated Common Equity Tier 1 capital.
|
|
Article 87 Qualifying own funds included in consolidated own funds
|
|
|
Article 88 Qualifying own funds instruments included in consolidated Tier 2 capital
|
Article 88
Qualifying own funds instruments included in consolidated Tier 2 capital
Without prejudice to Article 84(5) or (6), institutions shall determine the amount of qualifying own funds of a subsidiary that is included in consolidated Tier 2 capital by subtracting from the qualifying own funds of that undertaking that are included in consolidated own funds the qualifying Tier 1 capital of that undertaking that is included in consolidated Tier 1 capital.
|
|
Article 88a Qualifying eligible liabilities instruments
|
Article 88a
Qualifying eligible liabilities instruments
Liabilities issued by a subsidiary established in the Union that belongs to the same resolution group as the resolution entity shall qualify for inclusion in the consolidated eligible liabilities instruments of an institution subject to Article 92a, provided that all the following conditions are met:
(a)
they are issued in accordance with point (a) of Article 45f(2) of Directive 2014/59/EU;
(b)
they are bought by an existing shareholder that is not part of the same resolution group as long as the exercise of the write-down or conversion powers in accordance with Articles 59 to 62 of Directive 2014/59/EU does not affect the control of the subsidiary by the resolution entity;
(c)
they do not exceed the amount determined by subtracting the amount referred to in point (i) from the amount referred to in point (ii):
(i)
the sum of the liabilities issued to and bought by the resolution entity either directly or indirectly through other entities in the same resolution group and the amount of own funds instruments issued in accordance with point (b) of Article 45f(2) of Directive 2014/59/EU;
(ii)
the amount required in accordance with Article 45f(1) of Directive 2014/59/EU.
|
|
Article 88b Undertakings in third countries
|
Article 88b
Undertakings in third countries
For the purposes of this Title, the terms ‘investment firm’ and ‘institution’ shall be understood to include undertakings established in third countries, which would, if established in the Union, fall under the definitions of those terms in this Regulation.
|
,
1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
|