Question ID
2016_2914
Legal act
Directive 2014/59/EU (BRRD)
Topic
MREL
Article
44
Paragraph
5
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
-
Type of submitter
Competent authority
Subject matter
Calculation of “total liabilities including own funds”
Question

How shall authorities calculate “total liabilities including own funds”?

Background on the question

Article 44(5) of BRRD states: "The resolution financing arrangement may make a contribution referred to in paragraph 4 only where: (a) a contribution to loss absorption and recapitalisation equal to an amount not less than 8 % of the total liabilities including own funds of the institution under resolution, measured at the time of resolution action in accordance with the valuation provided for in Article 36, has been made by the shareholders and the holders of other instruments of ownership, the holders of relevant capital instruments and other bail-inable liabilities through write down, conversion or otherwise; and (b) the contribution of the resolution financing arrangement does not exceed 5 % of the total liabilities including own funds of the institution under resolution, measured at the time of resolution action in accordance with the valuation provided for in Article 36.”

There is no clear definition how own funds shall be included in total liabilities.

Submission date
Rejected publishing date
Rationale for rejection

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Status
Rejected question