Article 144

Path:
Capital Requirements Directive (CRD) > TITLE VIII > Article 144
Title:
Article 144
Description: 
Specific disclosure requirements
Main content: 

1.    For the purpose of Part Five of Regulation (EU) No 575/2013, competent authorities shall publish the following information:

(a)    the general criteria and methodologies adopted to review compliance  with  Articles  405   to   409   of   Regulation   (EU) No 575/2013;

(b)    without prejudice to the provisions laid down in Title VII, Chapter 1, Section II, a summary description of the outcome of the super­ visory review and description of the measures imposed in cases of non-compliance with Articles 405  to  409  of  Regulation  (EU) No 575/2013, identified on an annual basis.

2.    The competent authority of a Member State exercising the discretion laid down in Article 7(3) of Regulation (EU) No 575/2013 shall publish the following information:

(a)    the criteria it applies to determine that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities;

(b)    the number of parent institutions which benefit from the exercise of the discretion laid down  in  Article  7(3)  of  Regulation  (EU) No 575/2013 and the number of those which incorporate subsidiaries in a third country;

(c)    on an aggregate basis for the Member State:

(i)    the total amount of own funds on the consolidated basis of the parent institution in a Member State, which benefits from the exercise of the discretion laid down in Article 7(3) of Regu­ lation (EU) No 575/2013, which are held in subsidiaries in a third country;

(ii)    the percentage of total own funds on the consolidated basis of parent institutions in a Member State which benefits from the exercise of the discretion laid down in Article 7(3) of that Regulation, represented by own funds which are held in subsidiaries in a third country;

(iii)    the percentage of total own funds required under Article 92 of that Regulation on the consolidated basis of parent institutions in a Member State, which benefits from the exercise of the discretion laid down in Article 7(3) of that Regulation, rep­ resented by own funds which are held in subsidiaries in a third country.

3.    The competent authority which exercises the discretion laid down in Article 9(1) of Regulation (EU) No 575/2013 shall publish all the following:

(a)    the criteria it applies to determine that there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities;

(b)    the number of parent institutions which benefit from the exercise of the discretion laid down  in  Article  9(1)  of  Regulation  (EU) No 575/2013 and the number of such parent institutions which incorporate subsidiaries in a third country;

(c)    on an aggregate basis for the Member State:

(i)    the total amount of own funds of parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of Regulation (EU) No 575/2013 which are held in subsidiaries in a third country;

(ii)    the percentage of total own funds of parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of Regulation (EU) No 575/2013 represented by own funds which are held in subsidiaries in a third country;

(iii)    the percentage of total own funds required under Article 92 of Regulation (EU) No 575/2013 of parent institutions which benefit from the exercise of the discretion laid down in Article 9(1) of that Regulation represented by own funds which are held in subsidiaries in a third country.