Question ID
2013_553
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Own funds
Article
437
Paragraph
1(b), 2
Subparagraph
b
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
NA
Type of submitter
Credit institution
Subject matter
Requirement to disclose each individual instrument in the disclosure of capital instruments' main features
Question

For the requirement to disclose a description of the main features of the Common Equity Tier 1 and AT1 and T2 instruments issued by the institution under Article 437(1)(b) of Regulation (EU) No. 575/2013, does the disclosure template require each individual security to be disclosed in the main features template that entities are expected to produce on an external website (BCBS Composition of Capital disclosure requirements - June 2012 - Appendix III)? Would it possible to agree a "de minimis" threshold and allow small securities to be presented en masse given the same value date, maturity date and other terms and conditions?

Background on the question

N/A

Submission date
Final publishing date
Final answer

Article 437(2) of Regulation (EU) No. 575/2013 (CRR) entrusts the EBA with the development of implementing technical standards to specify uniform templates for disclosure of, among others, the description of the main features of the Common Equity Tier 1 and Additional Tier 1 instruments and Tier 2 instruments issued by the institution.

Article 4 of the ITS (Commission Implementing Regulation (EU) No 1423/2013) deals with the main features template, included in Annex II of the ITS. Annex III lays down the instructions for the disclosure in the templates in Annex II. In particular it provides the possibility for institutions to fill in one column for several instruments when those instruments have "identical features" in order to simplify a disclosure in cases of multiple but identical issuances. This provision is intended only for practical reasons and should not be used to avoid disclosure for instruments that would be considered as non-material. Indeed, Article 432 of the CRR expressly forbids the non-disclosure on the ground of non-materiality of any information required by Article 437 of the CRR, which covers information on the main features of capital instruments.

By way of example as to how this provision may be used, if two issuances have identical features - but one is in euros and the other one in dollars - one may fill in only one column, with two ISIN codes. In addition, aggregation may also make sense for fungible instruments that are issued in a lot of small issuances.

Status
Final Q&A
Answer prepared by
Answer prepared by the EBA.
Note to Q&A

Update 26.03.2021: This Q&A has been reviewed in the light of the changes introduced to Regulation (EU) No 575/2013 (CRR) and continues to be relevant.

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