- Question ID
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2025_7349
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Own funds
- Article
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36
- Paragraph
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1
- Subparagraph
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b
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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NA
- Type of submitter
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Credit institution
- Subject matter
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Prudential treatment of goodwill and other intangible assets arising from the acquisition of an asset manager by an insurance undertaking fully owned by a bank
- Question
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For the purposes of a deduction under Articles 36(1)(b) and 37 of the CRR, should a bank, which owns 100% of an insurance undertaking which acquires a controlling shareholding in an asset manager, deduct goodwill and other intangible assets (Article 4(1)(113) and (115) of the CRR) generated by the acquisition carried out by its insurance undertaking subsidiary?
- Background on the question
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Assume that:
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Bank A, the parent company of a financial conglomerate: (a) owns 100% of the share capital of Insurance Undertaking B, the parent company of an insurance group; (b) has the permission from the competent authority not to deduct its holding of own funds instruments of Insurance Undertaking B in accordance with Article 49(1) of the CRR; and (c) deducts the goodwill generated when Bank A acquired the significant investment in Insurance Undertaking B;
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Insurance Undertaking B acquires 100% of Asset Management Group C (consisting of an unregulated holding company and its asset management subsidiaries) for an acquisition cost of 100 and records a goodwill of 80;
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the acquisition of Asset Management Group C is financed by the proceeds of an Insurance Undertaking B’s capital increase subscribed for by Bank A for an amount of 100.
Article 36(1)(b) of the CRR provides that “Institutions shall deduct the following from Common Equity Tier 1 items: […] (b) intangible assets […]”. Moreover, Article 37(b) of the CRR clarifies that “Institutions shall determine the amount of intangible assets to be deducted in accordance with the following: […] (b) the amount to be deducted shall include goodwill included in the valuation of significant investments of the institution; […]”.
The above provisions of the CRR do not specifically address whether intangible assets and “goodwill included in the valuation of significant investments” to be deducted by Bank A in the present case should include goodwill and other intangible assets arising at the level of Insurance Undertaking B as a result of the acquisition of Asset Management Group C.
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- Submission date
- Rejected publishing date
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- Rationale for rejection
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This question has been rejected because the issue it raises is beyond the remit of the Q&A process and as such it cannot be addressed via a Q&A. That is the case where the issue touches upon profiles and elements which require a deeper and broader consideration, not compatible with the remit of the EBA Q&A tool.
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- Status
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Rejected question