Close menu

Application provision

1.1 This Part applies to every firm that is a CRR firm.

1

Application and Definitions

1.1

01/01/2014

This Part applies to every firm that is a CRR firm.

1.2

03/08/2015

In this Part the following definitions shall apply:

core UK group eligible capital

means the sum of the following amounts for each member of the core UK group and the firm (the sub-group):

    1. (a) for the ultimate parent undertaking of the sub-group, the amount calculated in accordance with Article 6 of the CRR (or other applicable prudential requirements);
    2. (b) for any other member of the sub-group, the amount calculated in accordance with Article 6 of the CRR (or other applicable prudential requirements) less the book value of the sub-group's holdings of capital instruments in that member, to the extent not already deducted in calculations done in accordance with Article 6 of the CRR (or other applicable prudential requirements) for:
      1. (i) the ultimate parent undertaking of the sub-group; or
      2. (ii) any other member of the sub-group.

The deduction in (b) must be carried out separately for each type of capital instrument eligible as own funds.

exposure

has the meaning given to it in Article 389 of the CRR.

non-core large exposures group or NCLEG

means all counterparties that:

    1. (a) are listed in a firm's NCLEG non-trading book permission or NCLEG trading book permission; and
    2. (b) in relation to a firm, satisfy the conditions in 2.1 or 2.2.

NCLEG non-trading book exemption

means the exemption in 2.1.

NCLEG non-trading book permission

means a permission given by the PRA in respect of Article 400(2)(c) of the CRR to apply the NCLEG non-trading book exemption.

NCLEG trading book exemption

means the exemption in 2.2.

NCLEG trading book permission

means a permission given by the PRA in respect of Article 400(2)(c) of the CRR to apply the NCLEG trading book exemption.

sovereign large exposures exemption

means the exemption in 3.1.

sovereign large exposures permission

means a permission given by the PRA in respect of Article 400(2)(g) or (h) of the CRR to apply the sovereign large exposures exemption.

trading book exposure allocation

means the allocation in 2.2

1.3

01/01/2014

Unless otherwise defined:

  1. (1) any italicised expression used in this Part and in the CRR has the same meaning as in the CRR; and
  2. (2) any italicised expression used in this Part and in the CRD has the same meaning as in the CRD.

2

Intra-Group Exposures: Non-Core Large Exposures Group Exemptions

NCLEG non-trading book exemption

2.1

01/01/2014

  1. (1) A firm with an NCLEG non-trading book permission may (in accordance with that permission) exempt, from the application of Article 395(1) of the CRR, non-trading book exposures, including participations or other kinds of holdings, incurred by the firm to members of its NCLEG that are:
    1. (a) its parent undertaking;
    2. (b) other subsidiaries of that parent undertaking; or
    3. (c) its own subsidiaries,
  2.       in so far as those undertakings are covered by the supervision on a consolidated basis to which the firm itself is subject, in accordance with the CRR, Directive 2002/87/EC or with equivalent standards in force in a third country. 
  3. (2) A firm may only use the NCLEG non-trading book exemption where:
    1. (a) the total amount of non-trading book exposures (whether or not exempted from Article 395(1) of the CRR) from the firm to its NCLEG does not exceed 100% of the firm's eligible capital; or
    2. (b) (if the firm has a core UK group permission) the total amount of non-trading book exposures (whether or not exempted from Article 395(1) of the CRR) from its core UK group (and the firm) to its NCLEG does not exceed 100% of the core UK group eligible capital.
  4.       A firm may calculate the total amount of such exposures after taking into account the effect of credit risk mitigation in accordance with Articles 399 to 403 of the CRR.

Additional Notes


[Note: Art 400(2)(c) of the CRR]

NCLEG trading book exemption

2.2

01/01/2014

  1. (1) A firm with an NCLEG trading book permission may (in accordance with that permission) exempt, from the application of Article 395(1) of the CRRtrading book exposures up to its trading book exposure allocation, including participations or other kinds of holdings, incurred by the firm to members of its NCLEG that are: 
    1. (a) its parent undertaking
    2. (b) other subsidiaries of that parent undertaking; or 
    3. (c) its own subsidiaries
  2.       in so far as those undertakings are covered by the supervision on a consolidated basis to which the firm itself is subject, in accordance with the CRR, Directive 2002/87/EC or with equivalent standards in force in a third country;
  3. (2) The trading book exposure allocation for a firm that does not have a core UK group permission is 100% of the firm's eligible capital less the total amount of non-trading book exposures (whether or not exempted from Article 395(1) of the CRR) from the firm to its NCLEG.
  4. (3) The trading book exposure allocation for a firm (F) that has a core UK group permission is equal to RxTTBE where: 
    1. (a) R is F's trading book exposures to its NCLEG divided by the total trading book exposures of the core UK group (and F) to F's NCLEG; and 
    2. (b) TTBE is 100% of F's core UK group eligible capital less the total amount of non-trading book exposures (whether or not exempted from Article 395(1) of the CRR) from the core UK group (and F) to F's NCLEG.
  5. (4) A firm may calculate its trading book exposure allocation after taking into account the effect of credit risk mitigation in accordance with Articles 399 to 403 of the CRR.
  6. (5) A firm must allocate the trading book exposures it has to its NCLEG to its trading book exposure allocation in ascending order of specific-risk requirements in Part Three, Title IV, Chapter 2 and/or requirements in Article 299 and Part Three, Title V of the CRR.

Additional Notes


[Note: Art 400(2)(c) of the CRR]

Notifications and reporting

2.3

01/01/2014

  1. (1) A firm with a core UK group permission and an NCLEG trading book permission or an NCLEG non-trading book permission must give the PRA written notice whenever the firm
    1. (a) intends, or becomes aware that a member of its core UK group intends, for the total amount of exposures from the core UK group (and the firm) to a particular member of the firm's NCLEG to exceed 25% of its core UK group eligible capital
    2. (b) becomes aware that the total amount of exposures from the core UK group (and the firm) to a particular member of the firm's NCLEG are likely to exceed, or have exceeded, 25% of its core UK group eligible capital;
  2. (2) The written notice required under (1) must contain the following: 
    1. (a) details of the size and the expected duration of the relevant exposures; and 
    2. (b) an explanation of the reason for those exposures.
  3. (3) A firm with a core UK group permission and an NCLEG trading book permission or an NCLEG non-trading book permission must submit FSA018 in accordance with SUP 16.12.

3

Sovereign Large Exposures Exemption

3.1

01/01/2014

  1. (1) If a firm has a sovereign large exposures permission, the exposures specified in that permission are exempt from Article 395(1) of the CRR to the extent specified in that permission.
  2. (2) For the purposes of the sovereign large exposures permission, and in relation to a firm, the exposures referred to in (1) are limited to the following: 
    1. (a) asset items constituting claims on central banks in the form of required minimum reserves held at those central banks which are denominated in their national currencies; and 
    2. (b) asset items constituting claims on central governments in the form of statutory liquidity requirements held in government securities which are denominated and funded in their national currencies provided that, at the discretion of the PRA, the credit assessment of those central governments assigned by a nominated ECAI is investment grade.

Additional Notes


[Note: Art 400(2)(g)-(h) of the CRR]

4

Conditions for the Non-Core Large Exposures Group Exemption and the Sovereign Large Exposures Exemption

4.1

01/01/2014

A firm may only use the NCLEG non-trading book exemption, the NCLEG trading book exemption or the sovereign large exposures exemption where it can demonstrate to the PRA that the following conditions are met:

  1. (1) the specific nature of the exposure, the counterparty or the relationship between the firm and the counterparty eliminate or reduce the risk of the exposure; and
  2. (2) any remaining concentration risk can be addressed by other equally effective means such as the arrangements, processes and mechanisms provided for in Article 81 of CRD.

Additional Notes


[Note: Art 400(3) of the CRR]