Question ID
2024_7151
Legal act
Regulation (EU) No 2019/2033 (IFR)
Topic
Prudential consolidation
Article
7
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
n.a.
Type of submitter
Investment firm
Subject matter
Consolidated own funds - minority interests
Question

Preamble

Provided that the:

  • in the context of own funds: IFR refers to Title II of Part Two of Regulation (EU) No 575/2013 (CRR) for the application of consolidated own funds
  • in the context of the consolidated fixed overheads requirement article 10 of COMMISSION DELEGATED REGULATION (EU) 2024/1771 states to calculate the consolidated fixed overheads on the basis of the consolidated expenditure figures resulting from the applicable accounting framework on a consolidated basis
  • article 84 of CRR outlines the procedure to compute amount of minority interests of a subsidiary that is included in consolidated Common Equity Tier 1
  • article 81 of CRR lists the subsidiaries entitled to apply the abovementioned article 84
  • in the context of the abovementioned investment firms group the list of article 81 of CRR includes just investment firms (art. 81(1)(a)(iv))

 

Question (part 1)

Shall the methodology of article 84 of CRR be applied to all the undertakings included in the consolidated situation (consolidated situation) of the investment firm group, regardless of article 81(1)(a) of CRR?

Question (part 2)

If so, in the procedure described in article 84(1) CRR shall any unregulated firm (on a stand alone basis – e.g. an ancillary services undertaking, an undertaking pursuing the activities as of point 9 of Annex I of directive Directive 2013/36/EU, …) compute the amount set by article 84(1)(a) as if it were an investment firm?

 

 

Background on the question

The context is an investment firm group (article 4(1)(25) IFR) made of:

  1. A parent undertaking: an investment holding company
  2. A first subsidiary: an investment firm
  3. A second subsidiary: an unregulated firm (on a stand-alone basis)

Note that:

  • the parent company (“A”) owns the majority of share capital (and voting rights) of both “B” and “C”
  • the accounting consolidation method is the “Full Consolidation”
  • company “C” might be considered a “financial institution” due to the fact that it pursues the activities as of point 9 of Annex I of directive Directive 2013/36/EU
  • in the context of consolidation by the parent undertaking:
    • company “B” has minority interests of around 3% of the share capital (and other Common Equity Tier 1 items)
    • company “C” has minority interests of around 30% of the share capital (and other Common Equity Tier 1 items)
  • Own Funds are made of CET1 only
Submission date
Rejected publishing date
Rationale for rejection

This question has been rejected because it is considered that EBA guidance or clarification is not needed with regard to the issue that it raises. For example, this can be the case where it is considered that the existing regulatory framework is sufficiently clear and unambiguous, or where different practices may be possible but it is not currently necessary to harmonise these further through the Q&A process.

The Single Rule Book Q&A tool has been established to provide explanations and non-binding interpretations on questions relating to the practical application or implementation of the provisions of legislative acts referred to in Article 1(2) of the EBA’s founding Regulation, as well as associated delegated and implementing acts, and guidelines and recommendations, adopted under these legislative acts.

For further information on the purpose of this tool and on how to submit questions, please see “Additional background and guidance for asking questions”.

Status
Rejected question