- Question ID
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2021_6301
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Credit risk
- Article
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501
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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na
- Name of institution / submitter
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ECB Banking Supervision
- Country of incorporation / residence
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EU
- Type of submitter
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Competent authority
- Subject matter
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Applicability of the SME supporting factor for financing private purposes
- Question
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Where a natural person’s business activities meet the criteria for an SME, does the SME supporting factor according to Article 501 CRR also apply to exposures from financing private investments of this natural person not directly related to that business?
- Background on the question
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For the classification as SME, Article 1 of the Annex to Commission Recommendation 2003/361/EC requires, for being considered an ‘enterprise,’ to be “engaged in an economic activity, irrespective of its legal form”, and explains: “This includes, in particular, self-employed persons and family businesses engaged in craft or other activities, and partnerships or associations regularly engaged in an economic activity.”
This suggests that natural persons do qualify as enterprise, and therefore as SME, for their engagement in an economic activity. As a consequence, they would not qualify as SME for any private activities where this natural person is not engaged in any economic activity.
In many cases, the natural person will be liable to private and business-related obligations with all its assets. In other cases, a more explicit distinction between the private and business sphere is established in the applicable laws or the respective credit contracts (e.g. where the lending institution has no recourse on private assets, like the primary residence, for credit obligations from financing the economic activities of a self-employed person or of a family business, unless such private assets have been explicitly pledged for financing received for the economic activities). Also the other way round, credit obligations from financing private purposes, like for a new TV or for buying a house as own residence, might continue to become due irrespective whether the economic activities of a self-employed person remain viable.
- Submission date
- Final publishing date
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- Final answer
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One of the conditions for the application of the SME supporting factor set out in Regulation (EU) No 575/2013 (CRR) is that the obligor qualifies as a small or medium-sized enterprise (SME) as specified by Article 501(2)(b) CRR which refers to Commission Recommendation 2003/361/EC. Article 1 of the Annex to Commission Recommendation 2003/361/EC requires for the classification as enterprise to be engaged in an economic activity. The classification as enterprise explicitly also applies to self-employed persons and family businesses engaged in economic activities. However, the condition of being engaged in economic activities also implies that the classification as enterprise does not apply for any private activities of this natural person where the natural person is not engaged in any economic activity. As explained in Recital 44 of the CRR, one of the aims of the supporting factor is to foster SME lending, which is only achieved with a differentiated treatment of financing to private and economic activities.
- Status
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Final Q&A
- Answer prepared by
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Answer prepared by the EBA.
Disclaimer
The Q&A refers to the provisions in force on the day of their publication. The EBA does not systematically review published Q&As following the amendment of legislative acts. Users of the Q&A tool should therefore check the date of publication of the Q&A and whether the provisions referred to in the answer remain the same.