The RTS says (article 2, paragraph 6,7,8): "6. The capital requirements referred to in paragraph 5 shall include the following: (a) own funds requirements pursuant to Articles 92 and 458 of Regulation (EU) No 575/2013, which include: (i) a CET1 capital ratio of 4.5% of the total risk exposure amount; (ii) a Tier 1 capital ratio of 6% of the total risk exposure amount; (iii) a total capital ratio of 8% of the total risk exposure amount; (b) any requirement to hold own funds in excess of the requirement listed in point (a) of this paragraph , in particular pursuant to point (a) of Article 104(1) of Directive 2013/36/EU; (c) the Basel I floor according to Article 500 of Regulation (EU) No 575/2013; (d) any applicable leverage ratio requirement. 7. The recapitalisation amount shall also include any additional amount that the resolution authority considers necessary to maintain sufficient market confidence after resolution. 8. The default additional amount shall be equal to the combined buffer requirement, as specified in Chapter 4, Section 1 of Directive 2013/36/EU which would apply to the institution after the application of resolution tools." These paragraphs are not entirely clear on how the market confidence buffer should be articulated with the components of 6.(a),(b),(c) and (d). In particular, if a bank’s Basel 1 floor (or leverage ratio) requirement is higher than the sum of 6(a)+(b), and if a market confidence buffer (say the combined buffer) is required by the Resolution Authority, is the recapitalisation amount equal to the sum of the Basel 1 floor/Leverage requirement AND the combined buffer requirement? Or is the recapitalization amount equal to the higher of I)the sum of requirements (6a+6b) and the combined buffer and ii)the Basel 1 floor or leverage requirement?
- Legal act: Directive 2014/59/EU (BRRD)
- COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable