Question ID
2024_7147
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Own funds
Article
26
Paragraph
2
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Regulation (EU) No 241/2014 - RTS for Own Funds requirements for institutions
Article/Paragraph
2
Type of submitter
Credit institution
Subject matter
Inclusion of Interim profits in CET1 ratio at half year
Question

At the half year, where an institution has accrued for an interim cash dividend in line with its approved dividend policy and the policy also allows for the distribution of excess capital at the discretion of its Board, is the institution also required to deduct for a potential full year share buyback in its half year CET1 ratio where: 

(i) its Board has not made any decision on an interim or full year share buyback and its distribution policy does not formally commit the institution to an interim / full year share buyback; 

(ii) no share buyback application has been made to the ECB; 

(iii) no explicit guidance on the quantum of a share buyback has been given to the market (at either the HY or FY), and therefore undistributed capital is fully available for use in H2 to cover unexpected risk or losses should they occur

Background on the question

Referring to Q&A 2023_6887 which relates to the deduction for a share buyback from an institution’s full year CET1 ratio, where an application for a share buyback to the competent authority has been submitted, but no permission received. The question specifically refers to the HY process and the interpretation of Q&A 2023_6887 with respect to an institutions HY CET1 ratio. 

Submission date
Rejected publishing date
Rationale for rejection

This question has been rejected because the question is not sufficiently clear, or has not sufficiently identified a provision of a legal framework covered by this tool that creates uncertainty and for which an explanation is merited in terms or practical implementation or application. 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