Question ID:
2015_2094
Legal Act:
Regulation (EU) No 575/2013 (CRR)
Topic:
Own funds
Article:
77
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations:
Regulation (EU) No 241/2014 - RTS for Own Funds requirements for institutions
Article/Paragraph:
32(2)
Disclose name of institution / entity:
Yes
Name of institution / submitter:
ECB-SSM
Country of incorporation / residence:
Germany
Type of submitter:
Competent authority
Subject Matter:
Predetermined amount in case of applications for redemptions, reductions and repurchases by mutuals, cooperative societies, savings institutions or similar institutions for the purposes of Article 77 CRR
Question:
Article 32(2) of Commission Delegated Regulation (EU) No 241/2014 (RTS on own funds) states: “Competent authorities may give their permission in advance to an action listed in Article 77 of Regulation (EU) No 575/2013 (CRR) for a certain predetermined amount to be redeemed, net of the amount of the subscription of new paid in Common Equity Tier 1 instruments during a period up to one year. That predetermined amount may go up to 2 % of Common Equity Tier 1 capital […]”. 1. Which of the following interpretations is correct? (1) Once permission is given for a certain predetermined amount, any subsequent subscription of new paid-in CET1 instruments during a period up to one year from date of permission increases automatically the total amount that is permitted to be redeemed (i.e. the maximum redemption amount that can be permitted in advance is 2% + x, for which x increases with any amount of new paid-in CET1 instrument additionally subscribed within one year). (2) In addition to the predetermined amount, the advance permission covers solely the amount of subscriptions during the period of one year that are already expected at the moment the permission is granted, i.e. it solely extends the predetermined amount by a fixed amount for the issuances already planned at the moment the permission is granted. (3) The advance permission for redeeming the predetermined amount does not cover redemption of new paid-in Common Equity Tier 1 instruments during a period up to one year. 2. Could it be that, because of an editorial oversight, a comma is missing in the first sentence of Article 32(2) RTS on own funds, before "during a period up to one year"? Setting the comma would consistently restrict not only the recognition of new subscriptions but already the advance permission for redemption to the same period of one year.
Background on the question:
Less than one year ago, a mutual institution has been granted permission to repurchase shares qualified as CET1 items up to 2% of CET1 capital. In the meantime the institution issued other CET1 instruments which have increased the institution’s CET1 capital. The institution assumes it does not need to ask for another authorisation to repurchase shares for an amount less than 2% of its current (higher) CET 1 capital, i.e. it assumes that the additional CET1 instruments have increased the total amount permitted to be redeemed.
Date of submission:
06/07/2015
Published as Final Q&A:
05/02/2016
EBA Answer:

Once permission is given for a certain predetermined amount, any subsequent subscription of new paid-in CET1 instruments during a period up to one year from date of permission increases automatically the total amount that is permitted, as Article 32 of Commission Delegated Regulation (EU) No 241/2014 defines the redemption amount as an amount net of new subscriptions.

Status:
Final Q&A
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.
Image CAPTCHA