Required Level of Own Funds (CRR)

1

Application and Definitions

1.1

This Part applies to:

  1. (1) a firm that is a CRR firm; and
  2. (2) a CRR consolidation entity.

1.2

In this Part, the following definitions shall apply:

clearing member

means a clearing member as defined in point (14) of Article 2 of Regulation (EU) No 648/2012.

credit risk rules

means the:

    1. (1) Credit Risk: General Provisions (CRR) Part;
    2. (2) Credit Risk: Standardised Approach (CRR) Part;
    3. (3) Credit Risk: Internal Ratings Based Approach (CRR) Part; and
    4. (4) Credit Risk Mitigation (CRR) Part.

international subsidiary

means an institution or CRR consolidation entity that:

    1. (1) is not a ring-fenced body
    2. (2) is part of a third country banking and investment group; and
    3. (3) where the third country banking and investment group (including the institution or CRR consolidation entity) is subject to consolidated supervision which includes measures implementing the output floor as it is described in the document issued by the Basel Committee on Banking Supervision’s titled ‘Basel III: Finalising post-crisis reforms’ (2017).

international subsidiary approach

  1. means the approach set out in this Part applicable to an international subsidiary.

market risk rules

means the:

    1. (1) Market Risk: General Provisions (CRR) Part;
    2. (2) Market Risk: Simplified Standardised Approach (CRR) Part;
    3. (3) Market Risk: Advanced Standardised Approach (CRR) Part; and
    4. (4) Market Risk: Internal Model Approach (CRR) Part.

stand-alone institution in the UK

means an institution that is:

    1. (1) not an international subsidiary; and
    2. (2) not subject to prudential consolidation pursuant to Chapter 2 of Chapter 5 of the Groups Part and that has no UK parent undertaking subject to such prudential consolidation.

2

Level of Application

Application of requirements on an individual basis

2.1

An institution must comply with this Part on an individual basis.

Application of requirements on a consolidated basis

2.4

An institution or CRR consolidation entity to which this Part is applied in a sub-consolidation requirement must comply with this Part on a sub-consolidated basis, as set out in that requirement.

4

Required Level of Own Funds

Article 92 Own Funds Requirements

1.

An institution shall at all times satisfy the following own funds requirements:

  1. (a) a Common Equity Tier 1 capital ratio of 4.5%;
  2. (b) a Tier 1 capital ratio of 6%;
  3. (c) a total capital ratio of 8%.

2.

An institution shall calculate its capital ratios as follows:

  1. (a) the Common Equity Tier 1 capital ratio is the Common Equity Tier 1 capital of the institution expressed as a percentage of the total risk exposure amount;
  2. (b) the Tier 1 capital ratio is the Tier 1 capital of the institution expressed as a percentage of the total risk exposure amount;
  3. (c) the total capital ratio is the own funds of the institution expressed as a percentage of the total risk exposure amount.

2A.

Subject to paragraph 5, the total risk exposure amount shall be calculated as follows:

  1. (a) for the purposes of complying with the obligations of this Part: 
    1. (i) on an individual basis, a stand-alone institution in the UK and a ring-fenced body that is not a member of a sub-consolidation group
    2. (ii) on a sub-consolidated basis, a ring-fenced body that is a member of a sub-consolidation group; and 
    3. (iii) on a consolidated basis, a CRR consolidation entity that is not an international subsidiary
  2. shall calculate the total risk exposure amount as follows:
  1. TREA = max {U-TREA; x · S-TREA + OF-ADJ}

where:

TREA = the total risk exposure amount of the entity;
U-TREA      = the un-floored total risk exposure amount of the entity calculated in accordance with paragraph 3;
S-TREA    
= the standardised total risk exposure amount of the entity calculated in accordance with paragraph 3A;
x
= 72.5%;

Output Floor Adjustments 

OF-ADJ = 12.5 * (IRB T2 IRB CET1 – GCRA + SA T2);

IRB Adjustments

IRB T2 = amounts calculated in accordance with point (d) of Own Funds CRR Part Article 62;
IRB CET1
= amounts calculated in accordance with point (d) of paragraph 1 of Article 36  and Article 40 of Own Funds (CRR) Part;

Components of Net SA GP Adjustment (up to cap)

GCRA = general credit risk adjustments, gross of tax effects, of up to 1.25% of risk-weighted exposure amounts calculated in accordance with paragraph 3A;
SA T2 = amounts calculated in accordance with point (c) of Own Funds (CRR) Part Article 62.
  1. (b) for the purposes of complying with the obligations of this Part on a sub-consolidated basis, the total risk exposure amount of an institution other than a ring-fenced body shall be the un-floored total risk exposure amount calculated in accordance with paragraph 3;
  2. (c) for the purposes of complying with the obligations of this Part on an individual basis, the total risk exposure amount of a ring-fenced body that is a member of a sub-consolidation group and an institution which is not a stand-alone institution in the UK shall be the un-floored total risk exposure amount calculated in accordance with paragraph 3;
  3. (d) for the purposes of complying with the obligations of this Part on a consolidated basis, the total risk exposure amount of a CRR consolidation entity that is an international subsidiary shall be the un-floored total risk exposure amount calculated in accordance with paragraph 3.

3.

The un-floored total risk exposure amount shall be calculated as the sum of points (a) to (f) of this paragraph after having taken into account paragraphs 4 and 4A:

  1. (a) the risk-weighted exposure amounts for credit risk and dilution risk, calculated in accordance with Title II of Part Three of CRR, the credit risk rules, the Counterparty Credit Risk (CRR) Part and Settlement Risk (CRR) Part Article 379 in respect of all the business activities of an institution, excluding risk-weighted exposure amounts arising from the trading book business of the institution;
  2. (b) the own funds requirements for the trading book business of an institution for the following:
    1. (i) market risk as calculated in accordance with the market risk rules;
    2. (ii) large exposures exceeding the limits specified in Large Exposures (CRR) Part Articles 395 to 401, to the extent that an institution is permitted to exceed those limits, as calculated in accordance with the Large Exposures (CRR) Part;
  3. (c) the own funds requirements for market risk as calculated in accordance with the market risk rules for all business activities that are subject to foreign exchange risk or commodity risk;
  4. (ca) the own funds requirements for settlement risk calculated in accordance with Settlement Risk (CRR) Part Articles 378 and 380;
  5. (d) the own funds requirements calculated in accordance with the Credit Valuation Adjustment Risk Part;
  6. (e) the own funds requirements calculated in accordance with the Operational Risk Part;
  7. (f) the risk-weighted exposure amounts calculated in accordance with Title II of Part Three of CRR, the credit risk rules and the Counterparty Credit Risk (CRR) Part for counterparty credit risk arising from the trading book business of the institution for the following types of transactions and agreements:
    1. (i) contracts listed in and Annex 1 of Chapter 3 of the Counterparty Credit Risk (CRR) Part and credit derivatives;
    2. (ii) repurchase transactions, securities or commodities lending or borrowing transactions based on securities or commodities;
    3. (iii) margin lending transactions based on securities or commodities;
    4. (iv) long settlement transactions.

3A.

The standardised total risk exposure amount shall be calculated as the sum of points (a) to (f) of paragraph 3:

  1. (a) after having taken into account paragraphs 4 and 4A; and
  2. (b) calculated without using any of the following approaches or as if permission to use the following approaches has not been granted:
    1. (i) the SFT VaR Method;
    2. (ii) the IRB Approach provided for in the Credit Risk: Internal Ratings Based Approach (CRR) Part except that, where permission to use the Internal Ratings Based Approach has been given, exposures for which a credit assessment by a nominated ECAI is not available and are not covered by paragraph 11 of Credit Risk: Standardised Approach (CRR) Part Article 122 may be assigned the risk weights set out in points (a) or (b), as applicable, of paragraph 8 of Credit Risk: Standardised Approach (CRR) Part Article 122;
    3. (iii) the Securitisation Internal Ratings Based Approach set out in Securitisation (CRR) Part Articles 258 to 260A and the Internal Assessment Approach set out in Securitisation (CRR) Part Article 265;
    4. (iv) the Internal Model Method set out in Section 6 of  Chapter 3 of the Counterparty Credit Risk (CRR) Part;
    5. (v) the internal model approaches set out in Market Risk: Internal Model Approach (CRR) Part 1.1 or 4.2.

4.

The following provisions shall apply to the calculations of the total un-floored risk exposure amount referred to in paragraph 3 and of the standardised risk exposure amount referred to in paragraph 3A:

  1. (a) the own funds requirements referred to in points (c), (ca), (d) and (e) of paragraph 3 shall include those arising from all the business activities of an institution;
  2. (b) an institution shall multiply the own funds requirements set out in points (b) to (e) of paragraph 3 by 12.5.

4A.

Where an institution is an SDDT or SDDT consolidation entity, paragraph 3 applies subject to the following modifications:

  1. (a) for the purpose of points (a) and (f) of paragraph 3:
    1. (i) subject to points (iii) to (v), SDDTs and SDDT consolidation entities shall not calculate risk-weighted exposure amounts in respect of contracts listed in Annex 1 of Chapter 3 of the Counterparty Credit Risk (CRR) Part;
    2. (ii) subject to points (iii) to (v), SDDTs and SDDT consolidation entities shall not calculate risk-weighted exposure amounts in respect of credit derivatives where doing so would require the exposure value to be calculated in accordance with one of the methods set out in Sections 3, 4 and 5 of the Counterparty Credit Risk (CRR) Part;
    3. (iii) where an SDDT is a clearing member of a central counterparty, the SDDT shall calculate risk-weighted exposure amounts in respect of its trade exposures with the central counterparty and its exposures arising from its contributions to the default fund of the central counterparty;
    4. (iv) where a member of its consolidation group is a clearing member of the central counterparty, an SDDT consolidation entity shall, when complying with this Part on the basis of its consolidated situation, calculate risk-weighted exposure amounts in respect of trade exposures of the clearing member with the central counterparty and exposures arising from contributions of the clearing member to the default fund of the central counterparty;
    5. (v) this point (a) does not affect any requirement to calculate risk-weighted exposure amounts in respect of securitisation positions that result from derivative instruments listed in Annex 1 of Chapter 3 of the Counterparty Credit Risk (CRR) Part;
  2. (b) by way of derogation from point (b) of paragraph 3, institutions that are SDDTs or SDDT consolidation entities must calculate the own funds requirement for their trading book business in accordance with paragraph 2A of Article 94 of the Trading Book (CRR) Part; and
  3. (c) points (c) and (d) of paragraph 3 do not apply to an SDDT or an SDDT consolidation entity.

5.

When calculating TREA for the purposes of paragraph 2A(a), an institution or CRR consolidation entity may apply the following factor x during the periods specified below:

  1. (a) 60% during the period from 1 January 2027 to 31 December 2027;
  2. (b) 65% during the period from 1 January 2028 to 31 December 2028;
  3. (c) 70% during the period from 1 January 2029 to 31 December 2029.

[Note: This rule corresponds to Article 92 of CRR as it applied immediately before revocation by the Treasury]

5

Permission

5.1

An institution or CRR consolidation entity, other than a ring-fenced body, may, with the prior permission of the PRA, use the international subsidiary approach if it can demonstrate to the satisfaction of the PRA that: 

  1. (a) the institution or CRR consolidation entity is part of a third country banking and investment group;
  2. (b) the third country banking and investment group (including the institution or CRR consolidation entity) is subject to consolidated supervision;
  3. (c) the institution or CRR consolidation entity that is part of the third country banking and investment group has been granted permission to use one or more of the approaches listed under paragraph 3A of Article 92; and
  4. (d) the central government, central bank, competent authority or other appropriate authority, in the jurisdiction undertaking the consolidated supervision, has made specific and public proposals to implement the output floor as it is described in the document issued by the Basel Committee on Banking Supervision’s titled ‘Basel III: Finalising post-crisis reforms’ (2017).

[Note: This is a permission under sections 144G and 192XC of FSMA to which Part 8 of the Capital Requirements Regulations applies]