- Question ID
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2020_5122
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Other issues
- Article
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4
- Paragraph
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1
- Subparagraph
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27
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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Not applicable
- Type of submitter
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Other
- Subject matter
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Group financing companies of non-financial company groups / definition of "financial sector entity" in Article 4 (1) (27) CRR
- Question
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Do group financing companies belonging to non-financial company groups (e.g. in the industrial sector) qualify as a "financial sector entity" according to Article 4 (1) (27) CRR?
- Background on the question
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Industrial companies that are structured as a group often use their own group financing companies to raise capital. The main purpose of these group financing companies is to issue international bonds (corporate bonds) and to provide funds exclusively to companies of the group. Apart from senior corporate bonds, these group financing companies do also issue subordinated corporate bonds. If these group financing companies were to qualify as a "financial sector entity" within the meaning of Article 4 (1) (27) CRR, the subordinated bonds would be regarded as capital instruments according to Article 62 (a) CRR (Tier 2) and - as a consequence - Article 66 CRR would require institutions to deduct the subordinated corporate bond from its own funds.
- Submission date
- Rejected publishing date
-
- Rationale for rejection
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This question has been rejected because the issue it raises is beyond the remit of the Q&A process and as such it cannot be addressed via a Q&A.
The Single Rule Book Q&A tool has been established to provide explanations and non-binding interpretations on questions relating to the practical application or implementation of the provisions of legislative acts referred to in Article 1(2) of the EBA’s founding Regulation, as well as associated delegated and implementing acts, and guidelines and recommendations, adopted under these legislative acts. The Q&A process cannot, for example, consider issues which would require changes to the regulatory framework.
For further information on the purpose of this tool and on how to submit questions, please see “Additional background and guidance for asking questions”.
- Status
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Rejected question