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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

Relevance of a person association's purpose for SME supporting factor application

What is the determining criterion to classify person associations (such as joint accounts, civil law companies, etc.) as “entities engaged in an economic activity”, so that they fall under the preferential treatment of the SME supporting factor?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6213
  • Topic: Other issues
  • Date of submission:

Intermediate Parent Undertaking

Which authority is competent for allowing institutions to have two IPUs under Article 21b(2) CRD?

  • Legal act: Directive 2013/36/EU (CRD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6088
  • Topic: Other issues
  • Date of submission:

Definition of parent undertaking for the purposes of CRR

Can an undertaking for which Directive 2013/34/EU (the “Accounting Directive”) does not apply be considered a parent undertaking for the purposes of CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6082
  • Topic: Own funds
  • Date of submission:

Deduction of software assets from Common Equity Tier 1 capital (hereinafter CET1) for investment firms of Class 2 and Class 3

Is it appropriate to apply Article 13a of Commission Delegated Regulation (EU) No 241/2014, amended by Commission Delegated Regulation (EU) 2020/2176, regarding the deduction of software assets from CET1 to investment firms of Class 2 and Class 3, taking into account that the mentioned investment firms are not subject to the application of provisions established in Art. 113(5) and Art. 156 of the CRR, i.e. to apply 100% of risk weight to the portion of the carrying amount of software that is not deducted from CET1?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Regulation (EU) No 241/2014 - RTS for Own Funds requirements for institutions
  • ID: 2021_6079
  • Topic: Own funds
  • Date of submission:

Legitimacy of the suspension of the accounts of one or more users by the owner of a digital platform, upon request of an obliged entity, due to suspicious transactions executed on the digital platform.

If a payment institution detects that several suspicious payment transactions have been executed or are to be executed on a digital platform and requests the owner of such platform to suspend the accounts of the users who have initiated such suspicious transactions, should the owner of the digital platform be exonerated for any liability due to the suspension of such users’ accounts?

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6054
  • Topic: Suspicious Transaction Reporting
  • Date of submission:

Exemption from and alternatives to deduction from Common Equity Tier 1 items

For the purpose of Article 48(1)(a) CRR, should the applicable amount of insufficient coverage for non-performing exposures under Article 36(1)(m) CRR be included among the other points of Article 36(1) CRR considered under par. (ii) of Article 48(1)(a) CRR, even though not expressly mentioned? The same issue arises with reference to Article 46(1)(a)(ii) CRR and Article 48(1)(b)(ii) CRR.

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_6021
  • Topic: Own funds
  • Date of submission:

Use of conditional sale agreements to season assets by an originator instead of the originator purchasing the assets and then selling the same to a securitisation SPE

Can an entity: (i) who manages and establishes a traditional securitisation; and (ii) where the securitisation special purpose entity (SSPE) enters into a conditional sale agreement with it be classified as the originator and act as an eligible retainer?

  • Legal act: Regulation (EU) No 2017/2402 (SecReg)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5851
  • Topic: Other topics
  • Date of submission:

Point in time when facility or limit is considered to be a commitment

Does a bank’s legally binding offer for a facility or limit constitute a commitment only after the client has accepted the bank’s offer?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5836
  • Topic: Credit risk
  • Date of submission:

Treatment of committed facilities with unadvised limits

Are committed facilities with unadvised limits considered to be regulatory off-balance sheet items and do they have to be included in the conversion factor estimation under Advanced-IRBA?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5837
  • Topic: Credit risk
  • Date of submission:

treatment of uncommitted facilities / limits

Are uncommitted facilities or limits considered to be regulatory off-balance sheet items and do they have to be included in the conversion factor estimation under Advanced-IRBA?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5835
  • Topic: Credit risk
  • Date of submission:

Supervisory delta for commodities with negative prices

Article 279a (1), (a) of the CRR establishes the formula to be used for calculating the supervisory delta of options mapped to all risk categories except for the interest rate category. Can such formula be made compatible with market conditions in which commodities may have negative prices?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5747
  • Topic: Credit risk
  • Date of submission:

Electronic Identification Process

Please can you clarify the interpretation under Article 13(1)(a) of Directive (EU) 2015/849 (AMLD), in relation to the ability of obliged entities to incorporate innovative solutions and/or electronic tools (such as dynamic selfie verification, biometric tools etc.) into their operations, in the context of performing Customer Due Diligence measures.

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2021_5730
  • Topic: Customer Due Diligence
  • Date of submission:

Definition of subsidiary for the purposes of the CRR

Can an undertaking over which another undertaking effectively exercises a dominant influence be considered a subsidiary of the undertaking effectively exercising dominant influence over it also for the purposes of the parts of the CRR not explicitly mentioned in Article 4(1)(15)(b) CRR?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5579
  • Topic: Other issues
  • Date of submission:

Determination of a default risk-free discount factor

From what interest rates does an institution have to derive a default risk-free discount factor as referred to in Article 132c (2) CRR, as amended by Regulation (EU) 2019/876 – CRR2?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5515
  • Topic: Credit risk
  • Date of submission:

Benificial Owner in chain of controlle constilations involving nominee shareholders

Request for interpretation of EU law Identifying the beneficial owners in a control chain of enterprises that involves nominee shareholders as part of the control.

  • Legal act: Directive (EU) 2015/849 (AMLD)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5500
  • Topic: Customer Due Diligence
  • Date of submission:

Regarding payments between PSPs

1) Are the credit institutions obliged to request payment service providers to disclose payment details as described in the Regulation (EU) 2015/847 in case of batch file transfers? 2) If yes, to what extent should the obligation to disclose payment information be applied?

  • Legal act: Regulation (EU) 2015/847 (WTR) (recast)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5463
  • Topic: Other topics
  • Date of submission:

Institution responsible for compliance with the requirements on a consolidated basis in a horizontally consolidated group

According to which provision of the CRR/CRD an institution shall be determined to comply with the requirements on a consolidated basis and to fulfil all requirements on the basis of the consolidated situation? Can Articles 18(3) and 18(6) CRR determine which institution in a horizontally consolidated group shall be responsible for compliance on a consolidated basis and for fulfilment of all requirements on the basis of the consolidated situation?

  • Legal act: Regulation (EU) No 575/2013 (CRR)
  • COM Delegated or Implementing Acts/RTS/ITS/GLs: Not applicable
  • ID: 2020_5444
  • Topic: Other issues
  • Date of submission: