- Question ID
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2023_6861
- Legal act
- Regulation (EU) No 575/2013 (CRR)
- Topic
- Own funds
- Article
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81,84,87
- Paragraph
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1,2,2
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
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n/a
- Type of submitter
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Credit institution
- Subject matter
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Minority interests ( COREP & Net Stable Funding Ratio)
- Question
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Are minority interests that arise from a subsidiary, which is a (Mixed) financial holding company in a third country and has obtained exemption for the prudential consolidation from the local regulator, eligible to inclusion in the EU parent entity consolidated?
Can parent entity choose to apply CRR articles 84(2)/87(2) to exclude the minority interest of the subsidiary with potential negative equity ?
What should be the treatment of the minority interest of the subsidiary with potential negative equity in the NSFR report of the parent entity?
- Background on the question
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The questions are related to an EU parent financial holding company that holds a 90% stake in one of its subsidiary, a (Mixed) financial holding company named A.
• EU parent company is a (Mixed) financial holding company
• Entity A is registered in United Kingdom (CRR Article 4(1)(20) and CRR Article 4(1)(27)) and owns 100% of its subsidiaries named B and C.
• Entity A has obtained exemption for the prudential consolidation and permission to apply the group capital test (GCT), from the Financial Conduct Authority (UK regulator) based on ‘Investment Firm Prudential Regime’ regulations.
• Entity B is a recognised third-country investment firm (CRR article 4(1)(25)) which holds the own funds over and above the minimum local regulatory requirement. The own funds requirement is based on the UK regulations ‘Investment Firm Prudential Regime’ and entity is requires to maintain a lump-sum fixed amount of own funds.
• Entity C has a negative accounting equity capital. Entity C is fully included in the prudential consolidation of the Entity A.
• The accounting capital of the Entity A on a consolidated basis is negative.
• Furthermore, as approved by the UK regulator, entity A does not prepare own funds report on a consolidated basis and has adopted alternative approach of the group capital test (GCT).
Question 1) In this case, should the minority interest computation for consolidated own funds of the EU parent entity be based on the own funds of the entity A (consolidated) or own funds of entity B (standalone)? The own funds report for the entity A (consolidated) is not available, whereas the own funds report for Entity B (standalone) is in place.Question 2) As per the CRR articles 84(2)/87(2), an institution can choose to not undertake the minority interest calculation for the subsidiary and the minority interest of that subsidiary may not be included in consolidated Common Equity Tier 1 capital/ consolidated own funds. Can EU parent company chose to apply these articles and exclude the entity with potential negative equity ? In this case, entity A.
Question 3) For NET STABLE FUNDING RATIO computation, the Minority interests amount is considered in the AVAILABLE STABLE FUNDING and available stable funding factor is applied as per the Article 428k(1). In this scenario, how should the EU parent entity include the negative Minority Interest amount in the consolidated NSFR report ? As per the EBA validation rules for the NSFR reporting template, a warning would be triggered if a negative value is reported in any cell of template C81.00 (NSFR - AVAILABLE STABLE FUNDING)
- Submission date
- Rejected publishing date
-
- Rationale for rejection
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This question has been rejected because to ensure the effectiveness of the Q&A process it focuses on answering questions that are likely to be relevant to a broad set of stakeholders – for example, a large number, broad range or wide geographical distribution – rather than questions which address circumstances which appear likely to be relevant only to the particular circumstances of certain stakeholders or transactions.
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- Status
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Rejected question