+Article 29 Outflows within a group or an institutional protection scheme
---+Article 29 1.
---+Article 29 2.
|
Article 29 Outflows within a group or an institutional protection scheme
1. Prezentare generală
| Titlu |
Reglementare |
|
Article 29 1.
|
By way of derogation from Article 31 competent authorities may authorise the application of a lower outflow rate on a case by case basis for undrawn credit or liquidity facilities when all of the following conditions are fulfilled:
(a)
there are reasons to expect a lower outflow even under a combined market and idiosyncratic stress of the provider;
(b)
the counterparty is the parent or subsidiary institution of the credit institution or another subsidiary of the same parent institution or linked to the institution by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC (
10
) or a member of the same institutional protection scheme referred to in Article 113(7) of Regulation (EU) No 575/2013 or the central institution or an affiliate of a network or cooperative group as referred to in Article 10 of that Regulation;
(c)
the lower outflow rate does not fall below the inflow rate applied by the counterparty;
(d)
the credit institution and the counterparty are established in the same Member State.
|
|
Article 29 2.
|
Competent authorities may waive the condition set out in point (d) of paragraph 1 where Article 20(1)(b) of Regulation (EU) No 575/2013 is applied. In that case, the following additional objective criteria have to be met:
▼M1
(a)
the liquidity provider and receiver will present a low liquidity risk profile after the application of the lower outflow rate being proposed under paragraph 1 and the application of the inflow rate referred to in point (c) of that paragraph;
▼B
(b)
there are legally binding agreements and commitments between the group entities regarding the undrawn credit or liquidity line;
▼M1
(c)
the liquidity risk profile of the liquidity receiver is taken into account adequately in the liquidity risk management of the liquidity provider.
▼B
Where such a lower outflow rate is permitted to be applied, the competent authority shall inform EBA about the result of the process referred to in Article 20(1)(b) of Regulation (EU) No 575/2013. Fulfilment of the conditions for such lower outflows shall be regularly reviewed by the competent authority.
|
,
1.1 Referințe
1.2 Cerințe identificate
1.3 Standarde asociate
2. Cerințe identificate
3. Standarde asociate
|