Question ID:
Legal Act:
Regulation (EU) No 575/2013 (CRR)
Own funds
63, 490
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Not applicable
Disclose name of institution / entity:
Type of submitter:
Credit institution
Subject Matter:
Treatment of existing Tier 1 and Tier 2 instruments

This question is a supplement to Question 2013_46. For Tier 1 or Tier 2 instruments with an incentive to redeem and quarterly/semi-annual/annual calls beyond the first call date, would these instruments qualify as Tier 2 capital if the issuer gave an undertaking to its regulator and the market that it would not exercise its call option for at least 5 years after the first call date? This would save the issuer the time and expense of having to modify the actual instrument documentation but would achieve a similar outcome in terms of its capital position/quality.

Background on the question:

Further clarification of Questions 2013_15 and 2013_46

Date of submission:
Published as Final Q&A:
EBA Answer:

An undertaking by the issuer to give up its call right does not change the regulatory treatment because the undertaking does not form part of the provisions governing the instrument. Please note that the grandfathering of innovative Tier 1 instruments is addressed by QA 15.

Final Q&A
Answer prepared by:
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.