Article 15b Synthetic Holdings for the Purposes of Article 36(1)(F), (H) and (I) of the CRR

1.

The following financial products shall be considered synthetic holdings of capital instruments pursuant to points (f), (h) and (i) of Article 36(1) of the CRR:

  1. (a) derivative instruments that have capital instruments of a financial sector entity as their underlying or have the financial sector entity as their reference entity;
  2. (b) guarantees or credit protection provided to a third party in respect of the third party's investments in a capital instrument of a financial sector entity.

2.

The financial products provided for in paragraph 1 shall include the following:

  1. (a) investments in total return swaps on a capital instrument of a financial sector entity;
  2. (b) call options purchased by the institution on a capital instrument of a financial sector entity;
  3. (c) put options sold by the institution on a capital instrument of a financial sector entity or any other actual or contingent contractual obligation of the institution to purchase its own own funds instruments;
  4. (d) investments in forward purchase agreements on a capital instrument of a financial sector entity.

[Note: This rule corresponds to Article 15b of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury.]