Own Funds and Eligible Liabilities (CRR)

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2

Level of Application

2.1

Title II of Part One (Level of application) of the CRR applies to Chapter 3 and 4 of this Part as that Title applies to Part Two (Own funds and eligible liabilities) of the CRR.

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3

Own Funds and Eligible Liabilities (Part Two CRR)

[Note: Articles 25 to 35 remain in the CRR]

Article 36 Deductions from Common Equity Tier 1 Items

1.

Institutions shall deduct the following from Common Equity Tier 1 items:

  1. (a) losses for the current financial year;
  2. (b) intangible assets;
  3. (c) deferred tax assets that rely on future profitability;
  4. (d) for institutions calculating risk-weighted exposure amounts using the Internal Ratings Based Approach (the IRB Approach), negative amounts resulting from the calculation of expected loss amounts laid down in Articles 158 and 159;
  5. (e) defined benefit pension fund assets on the balance sheet of the institution;
  6. (f) direct, indirect and synthetic holdings by an institution of own Common Equity Tier 1 instruments, including own Common Equity Tier 1 instruments that an institution is under an actual or contingent obligation to purchase by virtue of an existing contractual obligation;
  7. (g) direct, indirect and synthetic holdings of the Common Equity Tier 1 instruments of financial sector entities where those entities have a reciprocal cross holding with the institution that have been designed to inflate artificially the own funds of the institution;
  8. (h) the applicable amount of direct, indirect and synthetic holdings by the institution of Common Equity Tier 1 instruments of financial sector entities where the institution does not have a significant investment in those entities;
  9. (i) the applicable amount of direct, indirect and synthetic holdings by the institution of the Common Equity Tier 1 instruments of financial sector entities where the institution has a significant investment in those entities;
  10. (j) the amount of items required to be deducted from Additional Tier 1 items pursuant to Article 56 that exceeds the Additional Tier 1 items of the institution;
  11. (k) the exposure amount of the following items which qualify for a risk weight of 1,250%, where the institution deducts that exposure amount from the amount of Common Equity Tier 1 items as an alternative to applying a risk weight of 1,250%:
    1. (i) qualifying holdings outside the financial sector;
    2. (ii) securitisation positions, in accordance with point (b) of Article 244(1), point (b) of Article 245(1) and Article 253;
    3. (iii) free deliveries, in accordance with Article 379(3);
    4. (iv) positions in a basket for which an institution cannot determine the risk weight under the IRB Approach, in accordance with Article 153(8);
    5. (v) equity exposures under an internal models approach, in accordance with Article 155(4);
  12. (l) any tax charge relating to Common Equity Tier 1 items foreseeable at the moment of its calculation, except where the institution suitably adjusts the amount of Common Equity Tier 1 items insofar as such tax charges reduce the amount up to which those items may be used to cover risks or losses;
  13. (m) the applicable amount of insufficient coverage for non-performing exposures.

2.

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3.

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4.

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[Note: This rule corresponds to Article 36 of the CRR as it applied immediately before revocation by the Treasury.]

[Note: Articles 37 to 91 remain in the CRR]

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4

Rules Supplementing the CRR with regards to Own Funds Requirements (previously Regulation (EU) NO 241/2014)

Article 1 Subject Matter

This Chapter 4 of the Own Funds and Eligible Liabilities (CRR) Part of the PRA Rulebook lays down rules concerning the application of the deductions from Common Equity Tier 1 items and other deductions for Common Equity Tier 1, Additional Tier 1 and Tier 2 items.

[Note: This rule corresponds to Article 1(f) of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury. Article 1(a) to (e) and (h) to (p) of Part 2 of Regulation (EU) No 241/2014 remain in that regulation]

[Note: Articles 2 to 12 of Part 2 of Regulation (EU) No 241/2014 remain in that regulation]

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Section 3

Deductions from Common Equity Tier 1 Items

Article 13 Deduction of Losses for the Current Financial Year for the Purposes of Article 36(1)(A) of the CRR

1.

For the purpose of calculating its Common Equity Tier 1 capital during the year, and irrespective of whether the institution closes its financial accounts at the end of each interim period, the institution shall determine its profit and loss accounts and deduct any resulting losses from Common Equity Tier 1 items as they arise.

2.

For the purpose of determining an institution's profit and loss accounts in accordance with paragraph 1, income and expenses shall be determined under the same process and on the basis of the same accounting standards as the one followed for the year-end financial report. Income and expenses shall be prudently estimated and shall be assigned to the interim period in which they incurred so that each interim period bears a reasonable amount of the anticipated annual income and expenses. Material or non-recurrent events shall be considered in full and without delay in the interim period during which they arise.

3.

Where losses for the current financial year have already reduced Common Equity Tier 1 items as a result of an interim or a year-end financial report, a deduction is not needed. For the purpose of this Article, the financial report means that the profit and losses have been determined after a closing of the interim or the annual accounts in accordance with the applicable accounting framework (as that term is defined in the CRR).

4.

Paragraphs 1 to 3 shall apply in the same manner to gains and losses included in accumulated other comprehensive income.

[Note: This rule corresponds to Article 13 of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury.]

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Article 14 Deductions of Deferred Tax Assets that Rely on Future Profitability for the Purposes of Article 36(1)(C) of the CRR

1.

The deductions of deferred tax assets that rely on future profitability under Article 36(1)(c) of the CRR shall be made according to paragraphs 2 and 3.

2.

The offsetting between deferred tax assets and associated deferred tax liabilities shall be done separately for each taxable entity. Associated deferred tax liabilities shall be limited to those that arise from the tax law of the same jurisdiction as the deferred tax assets. For the calculation of deferred tax assets and liabilities at consolidated level, a taxable entity includes any number of entities which are members of the same tax group, fiscal consolidation, fiscal unity or consolidated tax return under applicable law of the United Kingdom or of a third country.

3.

The amount of associated deferred tax liabilities which are eligible for offsetting deferred tax assets that rely on future profitability is equal to the difference between the amount in point (a) and the amount in point (b):

  1. (a) the amount of deferred tax liabilities as recognised under the applicable accounting framework;
  2. (b) the amount of associated deferred tax liabilities arising from intangible assets and from defined benefit pension fund assets.

[Note: This rule corresponds to Article 14 of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury.]

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Article 15 Deduction of Defined Benefit Pension Fund Assets for the Purposes of Article 36(1)(E) of the CRR and Article 41(1)(B) of the CRR

1.

For the purposes of an application for permission under point (b) of Article 41(1) of the CRR, the unrestricted ability to use the respective defined benefit pension fund assets entails immediate and unfettered access to the assets such as when the use of the assets is not barred by a restriction of any kind and there are no claims of any kind from third parties on these assets.

2.

Unfettered access to the assets is likely to exist when the institution is not required to request and receive specific approval from the manager of the pension funds or the pension beneficiaries each time it would access excess funds in the plan.

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

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

1.

For the purposes of Articles 15c, 15d, 15e and 15i of this Chapter 4 of the Own Funds and Eligible Liabilities (CRR) Part of the PRA Rulebook, 'intermediate entity' as referred to in Article 4(1)(114) of the CRR comprises any of the following entities that hold capital instruments of financial sector entities:

  1. (a) a collective investment undertaking;
  2. (b) a pension fund other than a defined benefit pension fund;
  3. (c) a defined benefit pension fund, where the institution is supporting the investment risk and where the defined benefit pension fund is not independent from its sponsoring institution;
  4. (d) entities that are directly or indirectly under the control or under significant influence of one of the following:
    1. (1) the institution or its subsidiaries;
    2. (2) the parent undertaking of the institution or the subsidiaries of that parent undertaking; (3) the parent financial holding company of the institution or the subsidiaries of that parent financial holding company;
    3. (4) the parent mixed activity holding company of the institution or the subsidiaries of the parent mixed activity holding company;
    4. (5) the parent mixed financial holding company of the institution or the subsidiaries of the parent mixed financial holding company;
  5. (e) entities that are jointly, directly or indirectly, under the control or under significant influence of one institution, several institutions, or a network of institutions, which are members of the same institutional protection scheme, or of the institutional protection scheme or the network of institutions affiliated to a central body that are not organised as a group to which the institution belongs;
  6. (f) special purpose entities;
  7. (g) entities whose activity is to hold financial instruments of financial sector entities;
  8. (h) any other entity that is used with the intention of circumventing the rules relating to the deduction of indirect and synthetic holdings.

2.

Without prejudice to point (h) of paragraph 1, an 'intermediate entity' as referred to in Article 4(1)(114) of the CRR does not comprise:

  1. (a) mixed activity holding companies, institutions, insurance undertakings, reinsurance undertakings;
  2. (b) entities that are, by virtue of applicable law of the United Kingdom (or a part of it), subject to the requirements of the CRR and Directive 2013/36/EU UK law;
  3. (c) financial sector entities other than the ones mentioned in point (a), which are supervised and required to deduct direct and indirect holdings of their own capital instruments and holdings of capital instruments of financial sector entities from their regulatory capital.

3.

For the purposes of point (c) of paragraph 1, a defined benefit pension fund shall be deemed to be independent from its sponsoring institution where all of the following conditions are met:

  1. (a) the defined benefit pension fund is legally separate from the sponsoring institution and its governance is independent;
  2. (b) the statutes, the instruments of incorporation and the internal rules of the specific pension fund, as applicable, have been approved by an independent regulator; or the rules governing the incorporation and functioning of the defined benefit pension fund, as applicable, are established in the applicable law of the relevant country;
  3. (c) the trustees or administrators of the defined pension fund have an obligation under applicable national law to act impartially in the best interests of the scheme beneficiaries instead of those of the sponsor, to manage assets of the defined pension fund prudently and to conform to the restrictions set out in the statutes, the instruments of incorporation and the internal rules of the specific pension fund, as applicable, or statutory or regulatory framework described in point (b);
  4. (d) the statutes or the instruments of incorporation or the rules governing the incorporation and functioning of the defined benefit pension fund referred to in point (b) include restrictions on investments that the defined pension scheme can make in own funds instruments issued by the sponsoring institution.

4.

Where a defined benefit pension fund referred to in point (c) of paragraph 1 holds own funds instruments of the sponsoring institution, the sponsoring institution shall treat that holding as an indirect holding of own Common Equity Tier 1 instruments, own Additional Tier 1 instruments or own Tier 2 instruments, as applicable. The amount to be deducted from the Common Equity Tier 1 items, Additional Tier 1 items or Tier 2 items, as applicable, of the sponsoring institution, shall be calculated in accordance with Article 15c.

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

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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.]

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Article 15c Calculation of Indirect Holdings for the Purposes of Points (F), (H) and (I) of Article 36(1) of the CRR

The amount of indirect holdings to be deducted from Common Equity Tier 1 items as required in points (f), (h) and (i) of Article 36(1) of the CRR shall be calculated in one of the following ways:

  1. (a) according to the default approach set out in Article 15d;
  2. (b) with the permission of the competent authority, and subject to the institution demonstrating that the approach used in Article 15d is excessively burdensome, according to the structure-based approach described in Article 15e. The structure-based approach described in Article 15e shall not be used by institutions for calculating the amount of those deductions in relation to investments in intermediate entities referred to in Article 15a(1)(d) and (e).

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

[Note: Article 15c(b) is a permission under section 144G and 192XC of FSMA to which Part 8 of the Capital Requirements Regulations applies]

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Article 15d Default Approach for the Calculation of Indirect Holdings for the Purposes of Points (F), (H) and (I) of Article 36(1) of the CRR

1.

The amount of indirect holdings of Common Equity Tier 1 instruments to be deducted as required by points (f), (h) and (i) of Article 36(1) of the CRR shall be calculated as follows:

  1. (a) where the exposures of all investors to the intermediate entity rank pari passu, the amount shall be equal to the percentage of funding multiplied by the amount of Common Equity Tier 1 instruments of the financial sector entity held by the intermediate entity;
  2. (b) where the exposures of all investors to the intermediate entity do not rank pari passu, the amount shall be equal to the percentage of funding multiplied with the lower of the following amounts:
    1. (i) the amount of Common Equity Tier 1 instruments of the financial sector entity held by the intermediate entity;
    2. (ii) the institution's exposure to the intermediate entity together with all other funding provided to the intermediate entity that rank pari passu with the institution's exposure.

2.

The calculation method set out in point (b) of paragraph 1 shall be made for each tranche of funding that ranks pari passu with the funding provided by the institution.

3.

The percentage of funding for the purposes of paragraph 1 shall be the institution's exposure to the intermediate entity divided by the sum of the institution's exposure to the intermediate entity and of all other exposures to this intermediate entity that rank pari passu with the institution's exposure.

4.

The calculation laid down in paragraph 1 shall be made separately for each holding in a financial sector entity held by each intermediate entity.

5.

Where investments in Common Equity Tier 1 instruments of a financial sector entity are held indirectly through subsequent or several intermediate entities, the percentage of funding set out in paragraph 1 shall be determined by dividing the amount referred to in point (a) of this paragraph by the amount referred to in point (b) of this paragraph:

  1. (a) the result of the multiplication of amounts of funding provided by the institution to intermediate entities, by the amounts of funding provided by these intermediate entities to subsequent intermediate entities, and by amounts of funding provided by these subsequent intermediate entities to the financial sector entity;
  2. (b) the result of the multiplication of amounts of capital instruments or other instruments as relevant, issued by each intermediate entity.

6.

The percentage of funding referred to in paragraph 5 shall be calculated separately for each holding in a financial sector entity held by intermediate entities and for each tranche of funding that ranks pari passu with the funding provided by the institution and the subsequent intermediate entities.

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

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Article 15e Structure-based Approach for the Calculation of Indirect Holdings for the Purposes of Points (F), (H) and (I) of Article 36(1) of the CRR

1.

The amount to be deducted from Common Equity Tier 1 items referred to in point (f) of Article 36(1) of the CRR shall be equal to the percentage of funding, as defined in Article 15d(3) of this Chapter 4 of the Own Funds and Eligible Liabilities (CRR) Part of the PRA Rulebook, multiplied by the amount of Common Equity Tier 1 instruments of the institution held by the intermediate entity.

2.

The amount to be deducted from Common Equity Tier 1 items referred to in points (h) and (i) of Article 36(1) of the CRR shall be equal to the percentage of funding, as defined in Article 15d(3) of this Chapter 4 of the Own Funds and Eligible Liabilities (CRR) Part of the PRA Rulebook, multiplied by the aggregate amount of Common Equity Tier 1 instruments of financial sector entities held by the intermediate entity.

3.

For the purposes of paragraphs 1 and 2, an institution shall calculate separately per intermediate entity the aggregate amount of Common Equity Tier 1 instruments of the institution that the intermediate entity holds and the aggregate amount of Common Equity Tier 1 instruments of other financial sector entities that the intermediate entity holds.

4.

The institution shall consider the amount of holdings in Common Equity Tier 1 instruments of financial sector entities calculated in accordance with paragraph 2 of this Article as a significant investment referred to in Article 43 of the CRR and shall deduct the amount in accordance with point (i) of Article 36(1) of the CRR.

5.

Where investments in Common Equity Tier 1 instruments are held indirectly through subsequent or several intermediate entities, paragraphs 5 and 6 of Article 15d shall apply.

6.

Where an institution is not able to identify the aggregate amounts that the intermediate entity holds in Common Equity Tier 1 instruments of the institution or in Common Equity Tier 1 instruments of financial sector entities, the institution shall estimate the amounts it cannot identify by using the maximum amounts that the intermediate entity is able to hold on the basis of its investment mandates.

7.

Where the institution is not able to determine, on the basis of the investment mandate, the maximum amount that the intermediate entity holds in Common Equity Tier 1 instruments of the institution or in Common Equity Tier 1 instruments of financial sector entities, the institution shall treat the amount of funding that it holds in the intermediate entity as an investment in its own Common Equity Tier 1 instruments and shall deduct them in accordance with point (f) of Article 36(1) of the CRR.

8.

By way of derogation from paragraph 7 of this Article, the institution shall treat the amount of funding that it holds in the intermediate entity as a non-significant investment and shall deduct them in accordance with point (h) of Article 36(1) of the CRR, where all of the following conditions are met:

  1. (a) the amounts of funding are less than 0.25% of the institution's Common Equity Tier 1 capital;
  2. (b) the amounts of funding are less than GBP 8.8 million;
  3. (c) the institution cannot reasonably determine the amounts of its own Common Equity Tier 1 instruments that the intermediate entity holds.

9.

Where funding to the intermediate entity is in the form of units or shares of a CIU, the institution may rely on the third parties referred to in Article 132(5) of the CRR, and under the conditions set by that Article, to calculate and report the aggregate amounts referred to in paragraph 6 of this Article.

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

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

1.

The amount of synthetic holdings to be deducted from Common Equity Tier 1 items as required by points (f), (h) and (i) of Article 36(1) of the CRR shall be as follows:

  1. (a) for holdings in the trading book:
    1. (i) for options, the delta equivalent amount of the relevant instruments calculated in accordance with Title IV of Part III of the CRR;
    2. (ii) for any other synthetic holdings, the nominal or notional amount, as applicable;
  3. (b) for holdings in the non-trading book:
    1. (i) for call options, the current market value;
    2. (ii) for any other synthetic holdings, the nominal or notional amount, as applicable.

2.

An institution shall deduct the synthetic holdings referred to in paragraph 1 from the date of signature of the contract between the institution and the counterparty.

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

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Article 15g Calculation of Significant Investments for the Purposes of Article 36(1)(I) of the CRR

1.

For the purposes of Article 36(1)(i) of the CRR, in order to assess whether an institution owns more than 10% of the Common Equity Tier 1 instruments issued by a financial sector entity, in accordance with point (a) of Article 43 of the CRR, institutions shall add the amounts of their gross long positions in direct holdings, as well as indirect holdings of Common Equity Tier 1 instruments of this financial sector entity referred to in points (d) to (h) of Article 15a(1) of this Chapter 4 of the Own Funds and Eligible Liabilities (CRR) Part of the PRA Rulebook.

2.

Indirect and synthetic holdings shall be taken into account in order to assess whether the conditions in points (b) and (c) of Article 43 of the CRR are met.

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

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Article 15h Holdings of Additional Tier 1 and Tier 2

The methodology referred to in Articles 15a to 15f of this Chapter 4 of the Own Funds and Eligible Liabilities (CRR) Part of the PRA Rulebook shall apply mutatis mutandis to Additional Tier 1 holdings for the purposes of points (a), (c) and (d) of Article 56 of the CRR, and to Tier 2 holdings for the purposes of points (a), (c) and (d) of Article 66 of the CRR, where references to Common Equity Tier shall be read as references to Additional Tier 1 or Tier 2, as applicable.

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

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Article 15i Order and Maximum Amount of Deductions of Indirect Holdings of Own Funds Instruments of Financial Sector Entities

1.

Subject to the limits laid down in paragraphs 2 or 3, as applicable, where the intermediate entity holds Common Equity Tier 1 instruments, Additional Tier 1 instruments and Tier 2 instruments of financial sector entities, the Common Equity Tier 1 instruments shall be deducted first, the Additional Tier 1 instruments shall be deducted second, and the Tier 2 instruments last.

2.

Where the intermediate entity holds own funds instruments of institutions, when applying paragraph 1 to each type of holding institutions shall deduct the holdings of their own funds instruments first.

3.

Where an institution holds capital instruments of financial sector entities indirectly, the amount to be deducted from the institution's own funds shall not be higher than the lower of the following amounts:

  1. (a) the total funding provided by the institution to the intermediate entity;
  2. (b) the amount of own funds instruments held by the intermediate entity in the financial sector entity.

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

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Article 15j Goodwill

For the application of deductions referred to in point (h) of Article 36(1) of the CRR, institutions may choose not to identify goodwill separately when determining the applicable amount to be deducted according to Article 46 of the CRR.

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

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Article 16 Deductions of Foreseeable Tax Charges for the Purposes of Article 36(1)(L) and Article 56(F) of the CRR

1.

On the condition that the institution applies accounting framework and accounting policies that provide for the full recognition of current and deferred tax liabilities related to transactions and other events recognised in the balance sheet or the profit and loss account, the institution may consider that foreseeable tax charges have been already taken into account.

2.

When the institution is calculating its Common Equity Tier 1 capital on the basis of financial statements prepared in accordance with UK-adopted international accounting standards, the condition of paragraph 1 is deemed to be fulfilled.

3.

Where the condition of paragraph 1 is not fulfilled, the institution shall decrease its Common Equity Tier 1 items by the estimated amount of current and deferred tax charges not yet recognised in the balance sheet and profit and loss account related to transactions and other events recognised in the balance sheet or the profit and loss account. The estimated amount of current and deferred tax charges shall be determined using an approach equivalent to the one provided by UK-adopted international accounting standards. The estimated amount of deferred tax charges may not be netted against deferred tax assets that are not recognised in the financial statements.

[Note: This rule corresponds to Article 16 of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury.]

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Section 4

Other Deductions for Common Equity Tier 1, Additional Tier 1 and Tier 2 Items

Article 17 Other Deductions for Capital Instruments of Financial Institutions for the Purposes of Article 36(3) of the CRR

1.

Holdings of capital instruments of financial institutions as defined in Article 4(26) of the CRR shall be deducted according to the following calculations:

  1. (a) all instruments qualifying as capital under the company law applicable to the financial institution that issued them and, where the financial institution is subject to solvency requirements, which are included in the highest quality Tier of regulatory own funds without any limits shall be deducted from Common Equity Tier 1 items;
  2. (b) all instruments which qualify as capital under the company law applicable to the issuer and, where the financial institution is not subject to solvency requirements, which are perpetual, absorb the first and proportionately greatest share of losses as they occur, rank below all other claims in the event of insolvency and liquidation and have no preferential or predetermined distributions shall be deducted from Common Equity Tier 1 items;
  3. (c) any subordinated instruments absorbing losses on a going-concern basis, including the discretion to cancel coupon payments, shall be deducted from Additional Tier 1 items. Where the amount of these subordinated instruments exceeds the amount of Additional Tier 1 capital, the excess amount shall be deducted from Common Equity Tier 1 capital;
  4. (d) any other subordinated instruments shall be deducted from Tier 2 items. If the amount of these subordinated instruments exceeds the amount of Tier 2 capital, the excess amount shall be deducted from Additional Tier 1 items. Where the amount of Additional Tier 1 capital is insufficient, the remaining excess amount shall be deducted from Common Equity Tier 1 items;
  5. (e) any other instruments included in the financial institution's own funds pursuant to the relevant applicable prudential framework or any other instruments for which the institution is not able to demonstrate that the conditions in points (a), (b), (c) or (d) apply shall be deducted from Common Equity Tier 1 items.

2.

In the cases foreseen in paragraph 3, institutions shall apply the deductions as foreseen by the CRR for holdings of capital instruments based on a corresponding deduction approach. For the purposes of this paragraph, corresponding deduction approach shall mean an approach that applies the deduction to the same component of capital for which the capital would qualify if it was issued by the institution itself.

3.

The deductions referred to in paragraph 1 shall not apply in the following cases:

  1. (a) where the financial institution is authorised and supervised by a competent authority and subject to prudential requirements equivalent to those applied to institutions under the CRR. This approach shall be applied to third country financial institutions only where an equivalence assessment of the prudential regime of the third country concerned has been performed under the CRR and where it has been concluded that the prudential regime of the third country concerned is at least equivalent to that applied in the United Kingdom;
  2. (b) where the financial institution is an authorised electronic money institution as defined in regulation 2(1) of the Electronic Money Regulations 2011;
  3. (c) where the financial institution is an authorised payment institution as defined in regulation 2(1) of the Payment Services Regulations 2017;
  4. (d) where the financial institution is a UK AIFM as defined in regulation 2(1) of the Alternative Investment Fund Managers Regulations 2013 or a management company as defined in section 237(2) of FSMA.

[Note: This rule corresponds to Article 17 of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury.]

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Article 18 Capital Instruments of Third Country Insurance and Reinsurance Undertakings for the Purposes of Article 36(3) of the CRR

1.

Holdings of capital instruments of third country insurance and reinsurance undertakings that are subject to a solvency regime that either before IP completion day, has been assessed as non-equivalent to that laid down in Title I, Chapter VI of Directive 2009/138/EC according to the procedure set out in Article 227 of that Directive and there has not, in respect of the supervisory regime of that third country, been a later determination of equivalence by the Treasury under Article 379A of the Solvency II Delegated Regulation (EU) 2015/35 or by the PRA under regulation 19 of the Solvency 2 Regulations 2015, or that has not been assessed, shall be deducted as follows:

  1. (a) all instruments which qualify as capital under the company law applicable to the third country insurance and reinsurance undertakings that issued them, and which are included in the highest quality Tier of regulatory own funds without any limits under the third-country regime shall be deducted from Common Equity Tier 1 items;
  2. (b) any subordinated instruments absorbing losses on a going-concern basis, including the discretion to cancel coupon payments, shall be deducted from Additional Tier 1 items. Where the amount of these subordinated instruments exceeds the amount of Additional Tier 1 capital, the excess amount shall be deducted from Common Equity Tier 1 items;
  3. (c) any other subordinated instruments shall be deducted from Tier 2 items. Where the amount of these subordinated instruments exceeds the amount of Tier 2 capital, the excess amount shall be deducted from Additional Tier 1 items. Where this excess amount exceeds the amount of Additional Tier 1 capital, the remaining excess amount shall be deducted from Common Equity Tier 1 items;
  4. (d) for third country insurance and reinsurance undertakings that are subject to prudential solvency requirements, any other instruments included in the third country insurance and reinsurance undertakings' own funds pursuant to the relevant applicable solvency regime or any other instruments for which the institution is not able to demonstrate that conditions (a), (b) or (c) apply shall be deducted from Common Equity Tier 1 items.

2.

Where the solvency regime of the third country including rules on own funds, has:

  1. (a) before IP completion day, been assessed as equivalent to that laid down in Title I, Chapter VI of Directive 2009/138/EC according to the procedure set out in Article 227 of that Directive and that assessment has not, on or after IP completion day, been revoked by the Treasury; or
  2. (b) on or after IP completion day, been assessed as equivalent to that laid down in the laws of the United Kingdom that implemented Title I, Chapter VI of Directive 2009/138/EC according to the procedure set out in Article 379A of the Solvency II Delegated Regulation (EU) 2015/35, or, where assessed as equivalent by the PRA according to the procedure in regulation 19 of the Solvency 2 Regulations 2015,

holdings of capital instruments of the third-country insurance or reinsurance undertakings shall be treated as holdings of capital instruments of insurance or reinsurance undertakings within the meaning of 'insurance undertaking' and 'reinsurance undertaking' in section 417(1) of FSMA.

3.

In the cases foreseen in paragraph 2 of this Article, institutions shall apply the deductions as foreseen by point (b) of Article 44, point (b) of Article 58 and point (b) of Article 68 of the CRR, as applicable, for holdings of own funds insurance items.

[Note: This rule corresponds to Article 18 of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury.]

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Article 19 Capital Instruments of Undertakings Excluded from the Scope of Directive 2009/138/EC for the Purposes of Article 36(3) of the CRR

Holdings of capital instruments of undertakings within Article 4(1)(27)(k) of the CRR shall be deducted as follows:

  1. (a) all instruments qualifying as capital under the company law applicable to the undertaking that issued them and that are included in the highest quality Tier of regulatory own funds without any limits shall be deducted from Common Equity Tier 1 capital;
  2. (b) any subordinated instruments absorbing losses on a going-concern basis, including the discretion to cancel coupon payments, shall be deducted from Additional Tier 1 items. Where the amount of these subordinated instruments exceeds the amount of Additional Tier 1 capital, the excess amount shall be deducted from Common Equity Tier 1 items;
  3. (c) any other subordinated instruments shall be deducted from Tier 2 items. If the amount of these subordinated instruments exceeds the amount of Tier 2 capital, the excess amount shall be deducted from Additional Tier 1 items. Where this amount exceeds the amount of Additional Tier 1 capital, the remaining excess amount shall be deducted from Common Equity Tier 1 items;
  4. (d) any other instruments included in the undertaking's own funds pursuant to the relevant applicable solvency regime or any other instruments for which the institution is not able to demonstrate that conditions (a), (b) or (c) apply shall be deducted from Common Equity Tier 1 capital.

[Note: This rule corresponds to Article 19 of Part 2 of Regulation (EU) No 241/2014 as it applied immediately before revocation by the Treasury.]

[Note: Articles 20 to 37 of Part 2 of Regulation (EU) No 241/2014 remain in that regulation]

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[Note: Articles A1 and B1 of Part 2 of Regulation (EU) No 241/2014 remain in that regulation]

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