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  1. Home
  2. Single Rulebook Q&A
  3. 2022_6624 Exemption of exposures to public sector entities
Question ID
2022_6624
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Leverage ratio
Article
429a
Paragraph
1
Subparagraph
j
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Delegated Regulation (EU) 2015/62 - DR with regard to the leverage ratio
Article/Paragraph
1 (14)
Type of submitter
Individual
Subject matter
Exemption of exposures to public sector entities
Question

In accordance with Article 429a (1) (j) (iii) of Regulation (EU) No 575/2013 (CRR), as modified by Commission Delegated Regulation (EU) 2015/62, exposures to public sector entities (PSE), treated in accordance with Art. 116 (4) CRR and arising from deposits that the institution is legally obliged to transfer to this PSE for the purpose of funding general interest investment, shall be excluded from the denominator calculation of the institution´s leverage ratio. 

Is there any limitation in the type of deposit assets to apply for such exclusion, particularly as regards cash-assimilated instruments (Article 4 (1)(60) CRR), which include certain categories of bonds?

What is meant by “legal obligation” and what creates such obligation? Would contractual or statutory obligation qualify as such? Is there furthermore an example for “general interest investment”?

 

Background on the question

Article 429a(1) CRR is setting out the exemption rules for the calculation of a bank´s leverage ratio total exposure measure. More specifically, lit. j) points (i) to (iii) thereof state that exposures to public sector entities (PSE), treated in accordance with Article 116(4) CRR and arising from deposits that the institution is legally obliged to transfer to this PSE for the purpose of funding general interest investment, shall be excluded from the denominator calculation of the institution´s leverage ratio. 

Article 429a(1)(j) CRR states:

1. By way of derogation from Article 429(4), an institution may exclude any of the following exposures from its total exposure measure:

(j) exposures that meet all the following conditions:

(i) they are exposures to a public sector entity;

(ii) they are treated in accordance with Article 116(4);

(iii) they arise from deposits that the institution is legally obliged to transfer to the public sector entity referred to in point (i) for the purpose of funding general interest investments.


The meaning of points (i) and (ii) is unequivocally clear, however the interpretation of point (iii) is not entirely clear. The CRR does not contain any definition of “deposits” nor does it define the term "legal obligation" or give an example for "general interest investment".  Therefore, EBA guidance on the meaning of “deposits that the institution is legally obliged to transfer to the PSE referred to in point (i) for the purpose of funding general interest investments” is required.

Submission date
28/10/2022
Status
Question under review
Answer prepared by
Answer prepared by the European Commission because it is a matter of interpretation of Union law.

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