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  1. Home
  2. Single Rulebook Q&A
  3. 2024_7104 LCR Treatment of Cancelled Term Deposit with Non-Financial Customers
Question ID
2024_7104
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Supervisory reporting - Liquidity (LCR, NSFR, AMM)
Article
422
Paragraph
5
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Delegated Regulation (EU) 2015/61 - DR with regard to liquidity coverage requirement
Article/Paragraph
28(1)
Type of submitter
Other
Subject matter
LCR Treatment of Cancelled Term Deposit with Non-Financial Customers
Question

Should time deposits from non-financial customers, which have been cancelled and fall due within 30 days, be multiplied by 40% as per Delegated Regulation 2015/61 Article 28(1)? Assuming these deposits don't meet the criteria for Delegated Regulation 2015/61 Article 27. 

This seems to provide a favorable treatment for time deposits which have been cancelled and fall within 30 days for non-financial customers (40%), where as those for retail and financial customers would be multiplied by 100% outflow rate. 

Background on the question

The LCR delegated act suggests that non-financial term deposits which have been cancelled and liability would fall due within the next 30 calendar days should be determined in accordance with Article 28. This results in the outflow amount being multiplied by 40%. 

As per Delegated Regulation 2015/61 Article 28(1)

Credit institutions shall multiply liabilities resulting from deposits by clients that are non-financial customers, sovereigns, central banks, multilateral development banks, public sector entities, credit unions authorised by a competent authority, personal investment companies or by clients that are deposit brokers, to the extent they do not fall under Article 27 by 40 %.

However, for the same product, which has been cancelled and liability would fall due within the next 30 calendar days but has a retail customer, the outflow rate would be 100%. 

As per Delegated Regulation 2015/61 Article 25(4)

An outflow rate of 100 % shall be applied to cancelled deposits with a residual maturity of less than 30 calendar days and where pay-out has been agreed to another credit institution.

Where the customer is financial, any liabilities that are due within 30 calendar days, which would include term deposits which have been cancelled, would receive a 100% outflow rate.

As per Delegated Regulation 2015/61 Article 31a(1)

Credit institutions shall multiply by a 100 % outflow rate any liabilities that become due within 30 calendar days, except for the liabilities referred to in Articles 24 to 31.

Submission date
04/06/2024
Rejected publishing date
21/01/2025
Rationale for rejection

This question has been rejected because the issue it deals with is already explained or addressed in Article 25(4) - second subparagraph; and 28(2) of Commission Delegated Regulation (EU) 2015/61.

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.

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
Rejected question

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