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Q&As refer to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.

Please note that the Q&As related to the supervisory benchmarking exercises have been moved to the dedicated handbook page. You can submit Q&As on this topic here.

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List of Q&A's

Temporary discontinuance of access to deposits in resolution

Where resolution action is taken in relation to an institution, e.g. open bail-in or transfer of the deposit book to a sound acquirer, which ensures an immediate prospect of quickly ensuring access to deposits, to what extent can access to covered and eligible deposits be temporarily discontinued without triggering the Deposit Guarantee Scheme (DGS) repayment or rendering the resolution action illegal?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2122
  • Topic: Interactions with the DGS and the BRRD
  • Date of submission:
  • Published as final Q&A: 26/08/2016

Calculation of MREL

For the purpose of calculating the total liabilities, including own funds of the resolution entity, as provided under Article 45b(4), (5) and (7) BRRD, should we account for financial instruments that qualify as both own funds and liabilities (such as subordinated debt) in both categories? If so, would this not amount to a double counting of the same financial instruments?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2120
  • Topic: MREL
  • Date of submission:
  • Published as final Q&A: 05/08/2016

Countercyclical capital buffer (CCB) relevant exposures

Should sovereign and institutions exposures in default (under Article 112.j of Regulation (EU) No 575/2013) and exposures to institutions with a short-term credit assessment (under Article 112.n of Regulation (EU) No 575/2013) be excluded from the relevant exposures required for CCB purposes?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2117
  • Topic: Other topics
  • Date of submission:
  • Published as Rejected Q&A: 11/02/2022

Consideration and representation within the LE templates in case of existing indirect exposure resulting out of credit risk mitigation (CRM) – here unfunded credit protection under a guarantee between two partners within a Group of connected clients (GCC).

In case of large exposures to a Central Government (SOV) which is part of a Group of Connected Clients (GCC) according to CRR Art. 4 para 1 (39) and reported as explained in the Q&A 2013_681 (separate aggregation of the SOV and each GCC), in which way would be a guarantee considered if the SOV is the guarantor of the entity A and they are both part of the same GCC?We see the following options:the indirect exposure towards the SOV is reported for each Group of connected clients (e.g. GCC1 consisting of SOV and entity A and GCC2 consisting of SOV and entity B) and the direct exposure and the effect from credit risk mitigation is reported only to entity A;in this case there is double counting of the exposure (SOV+A) when calculating the original exposure and the exposure before CRM and exemptions of the GCC;the indirect exposure towards the SOV is reported for each Group of connected clients (e.g. GCC1 consisting of SOV and entity A and GCC2 consisting of SOV and entity B) and the direct exposure to A is omitted (being part of the same GCC): in this case there is no double counting of the exposure (only exposure to SOV);the indirect exposure towards the SOV is not reported at all while the direct exposure to A is reported (out of the existing intragroup guarantee there is no effect from CRM): in this case there is no double counting of the exposure (only direct exposure to A).

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 680/2014 - ITS on supervisory reporting of institutions (repealed)
  • ID: 2015_2116
  • Topic: Supervisory reporting - Large Exposures
  • Date of submission:
  • Published as final Q&A: 04/08/2017

Mark-to-Market Method: Application of perfectly matching provisions to FX forwards

Can the perfectly matching rule be applied to the below two FX forwards (assuming the same maturity date and same counterparty) that are perfectly matching with respect to the EUR leg:FX forward 1: Bank pays USD 150 in return for EUR 100FX forward 2: Bank pays EUR 100 in return for JPY 1320such that the Mark-to-Market method is based on a single FX forward where the bank pays USD 150 in return for JPY 1320? 

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2115
  • Topic: Market risk
  • Date of submission:

Reporting of inflows for term deposits with option for early withdrawal

Which inflow rate should apply to term deposits maturing beyond the 30 day horizon for which the depositor (being the reporting institution) has the option to withdraw its deposit without notice period?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Delegated Regulation (EU) 2015/61 - DR with regard to liquidity coverage requirement
  • ID: 2015_2112
  • Topic: Liquidity risk
  • Date of submission:
  • Published as final Q&A: 20/01/2017

Definition of client funds

Is it sufficient to refer to "client assets" in the list of resolution objectives, if the definition of "client assets" at a national level includes "client money"?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2111
  • Topic: Resolution objectives and triggers
  • Date of submission:
  • Published as final Q&A: 05/08/2016

Protection of investors

Should investors have access to the national investor compensation scheme or should Member States provide other rules to guarantee adequate investor protection?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2110
  • Topic: Resolution objectives and triggers
  • Date of submission:
  • Published as final Q&A: 11/11/2016

Powers of the temporary administrator

Could you please clarify the interaction between Recital 39 and the last sentence of Article 29 (2) of Directive 2014/59/EU (BRRD)?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2109
  • Topic: Early intervention
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Early intervention power to remove senior management

Can the Early intervention power to remove senior management be framed in national legislation so that it can be applied even if not all other Early intervention measures have been exhausted?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2108
  • Topic: Early intervention
  • Date of submission:
  • Published as final Q&A: 11/11/2016

Consistency between Early intervention measures in BRRD and CRD IV

How can consistency between the Early intervention measures as listed in Article 27 of Directive 2014/59/EU (BRRD) and those already envisaged in Article 104 of Directive 2013/36/EU (CRD IV) be ensured, in particular taking into account that the triggers for these measures are partially different?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2107
  • Topic: Interactions with the CRR / CRD IV and the BRRD
  • Date of submission:
  • Published as final Q&A: 28/10/2016

Provision of IGFS under Article 23

Would a prohibition on the institution or the holding company receiving financial support under an IGFS agreement that does not meet the conditions in Article 23 of Directive 2014/59/EU (BRRD) be a satisfactory implementation of that Article?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2106
  • Topic: Intra-group financial support
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Authorisation to breach large exposures requirements in the context of IGFS

How do national legislators transpose Article 23 (1) (h) of Directive 2014/59/EU (BRRD) in accordance with the CRR and the CRD IV?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2105
  • Topic: Intra-group financial support
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Changes to financial support agreements

What is the correct course of action in case of changes to financial support agreements in situations where the competent authority has already authorised a group financial support agreement and transmitted it to resolution authorities in accordance with Article 22 Directive 2014/59/EU (BRRD)?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2104
  • Topic: Intra-group financial support
  • Date of submission:
  • Published as final Q&A: 28/01/2022

Institution or entity in Article 19 (3) (a)

Can you please clarify if the provision Article 19 (3) (a) refers to the institution or to the entity?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2103
  • Topic: Intra-group financial support
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Intra-Group Financial Support to subsidiaries in third countries

In case participation in Intra-Group Financial Support agreements by ”subsidiaries in third countries” is already allowed in national law, does Article 19 (1) of Directive 2014/59/EU (BRRD) still have be explicitly implemented?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2102
  • Topic: Intra-group financial support
  • Date of submission:
  • Published as final Q&A: 24/07/2015

Prohibition for institutions to enter into agreements with third country counterparties

Can Article 17 of Directive 2014/59/EU (BRRD) be considered a sufficient basis for supervisors to prohibit institutions to enter into agreements with third country counterparties which do not accept having cross border contractual recognition language in their contracts as regards bail-in and stays on early termination rights?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2101
  • Topic: Resolution plans
  • Date of submission:
  • Published as final Q&A: 21/01/2022

Clarification on the scope of application to address or remove impediments to resolvability

Does the procedure for addressing or removing impediments to resolvability in Article 17 of Directive 2014/59/EU (BRRD) apply on an individual basis only or on a group basis as well?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2100
  • Topic: Resolution plans
  • Date of submission:
  • Published as final Q&A: 21/01/2022

Suspension of resolution plan updates

How do Articles 15(3) and 17(2) of Directive 2014/59/EU (BRRD) interact with each other?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2099
  • Topic: Resolution plans
  • Date of submission:
  • Published as final Q&A: 21/01/2022

Contents of group resolution plans

Are the contents of group resolution plans listed in Article 12 (3) of Directive 2014/59/EU (BRRD) to be considered in addition to the contents of solo resolution plans set out in Article 10 (7) of the same Directive?

  • Legal act: Directive 2014/59/EU (BRRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2015_2098
  • Topic: Resolution plans
  • Date of submission:
  • Published as final Q&A: 24/07/2015