- Question ID
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2015_2094
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Own funds
- Article
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77
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Regulation (EU) No 241/2014 - RTS for Own Funds requirements for institutions
- Article/Paragraph
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32(2)
- Name of institution / submitter
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ECB-SSM
- Country of incorporation / residence
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Germany
- Type of submitter
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Competent authority
- Subject matter
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Predetermined amount in case of applications for redemptions, reductions and repurchases by mutuals, cooperative societies, savings institutions or similar institutions for the purposes of Article 77 CRR
- Question
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Article 32(2) of Commission Delegated Regulation (EU) No 241/2014 (RTS on own funds) states: “Competent authorities may give their permission in advance to an action listed in Article 77 of Regulation (EU) No 575/2013 (CRR) for a certain predetermined amount to be redeemed, net of the amount of the subscription of new paid in Common Equity Tier 1 instruments during a period up to one year. That predetermined amount may go up to 2 % of Common Equity Tier 1 capital […]”. 1. Which of the following interpretations is correct? (1) Once permission is given for a certain predetermined amount, any subsequent subscription of new paid-in CET1 instruments during a period up to one year from date of permission increases automatically the total amount that is permitted to be redeemed (i.e. the maximum redemption amount that can be permitted in advance is 2% + x, for which x increases with any amount of new paid-in CET1 instrument additionally subscribed within one year). (2) In addition to the predetermined amount, the advance permission covers solely the amount of subscriptions during the period of one year that are already expected at the moment the permission is granted, i.e. it solely extends the predetermined amount by a fixed amount for the issuances already planned at the moment the permission is granted. (3) The advance permission for redeeming the predetermined amount does not cover redemption of new paid-in Common Equity Tier 1 instruments during a period up to one year. 2. Could it be that, because of an editorial oversight, a comma is missing in the first sentence of Article 32(2) RTS on own funds, before "during a period up to one year"? Setting the comma would consistently restrict not only the recognition of new subscriptions but already the advance permission for redemption to the same period of one year.
- Background on the question
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Less than one year ago, a mutual institution has been granted permission to repurchase shares qualified as CET1 items up to 2% of CET1 capital. In the meantime the institution issued other CET1 instruments which have increased the institution’s CET1 capital. The institution assumes it does not need to ask for another authorisation to repurchase shares for an amount less than 2% of its current (higher) CET 1 capital, i.e. it assumes that the additional CET1 instruments have increased the total amount permitted to be redeemed.
- Submission date
- Final publishing date
-
- Final answer
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Once permission is given for a certain predetermined amount, any subsequent subscription of new paid-in CET1 instruments during a period up to one year from date of permission increases automatically the total amount that is permitted, as Article 32(2) of Commission Delegated Regulation (EU) No 241/2014 defines the redemption amount as an amount net of new subscriptions.
- Status
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Final Q&A
- Answer prepared by
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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.
Update 14.02.2023: the Q&A has been reviewed and the changes are highlighted in mock track changes.
Update 09.06.2023: the Q&A has been reviewed in the light of the changes introduced by Commission Delegated Regulation (EU) No 2023/827 laying down regulatory technical standards amending Delegated Regulation (EU) No 241/2014. As a result, only the disclaimer that was introduced on 14.02.2023 in the “EBA answer" section has been deleted.
Disclaimer
The Q&A refers 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.