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Article 6 - Criteria for the adoption of delegated decisions on sales of holdings

Comparing 17/03/2019 → 26/09/2021: 2 added, 2 removed, 6 changed Close comparison

((a))the impact on the own funds of the selling significant supervised entity is limited, which means that:(i)following the sale, the own funds exceed and are estimated to continue exceeding the sum of the requirements laid down in Article 92(1) of Regulation (EU) No 575/2013, the own funds required to be held in accordance with Article 16(2)(a) of Regulation (EU) No 1024/2013, the combined buffer requirement as defined in point (6) of Article 128 of Directive 2013/36/EU and the Pillar 2 capital guidance as set out in the last available SREP decision; and(ii)the impact of the reduction on the Common Equity Tier 1 capital ratio, the Tier 1 capital ratio and the total capital ratio is below 100 basis points;

((b))the impact on the liquidity situation of the selling significant supervised entity is limited, which means that:(i)the LCR remains above 110 % and is above the liquidity requirements set out in the last available SREP decision, if these are higher than the required minimum LCR; and(ii)at consolidated level, the LCR is not reduced by more than 50 %.

1. 1. Decisions on the approval of sales of holdings by a significant supervised entity shall be taken by means of a delegated decision if all of the following criteria are met:

(a)the impact on the own funds of the selling significant supervised entity, on both a consolidated and an individual basis, is limited, which means that:

(i)((i)) following the sale, the own funds exceed and are estimated to continue exceeding the sum of the requirements laid down in Article 92(1) of Regulation (EU) No 575/2013, the own funds required to be held in accordance with Article 16(2)(a) of Regulation (EU) No 1024/2013, the combined buffer requirement as defined in point (6) of Article 128 of Directive 2013/36/EU and the Pillar 2 capital guidance as set out in the last available SREP decision; and

(ii)((ii)) the impact of the reduction on the Common Equity Tier 1 capital ratio, the Tier 1 capital ratio and the total capital ratio is below 100 basis points;

(b)the impact on the liquidity situation of the selling significant supervised entity is limited, which means that:

(i)((i)) the LCR remains above 110 % and is above the liquidity requirements set out in the last available SREP decision, if these are higher than the required minimum LCR; and

(ii)((ii)) at consolidated level, the LCR is not reduced by more than 50 %.

2. 2. The assessment of sales of holdings shall be carried out in accordance with the relevant provisions of national law, also taking into consideration any applicable ECB guides and/or national competent authorities' policy stances, guidance or similar acts.

Official text · consolidated version 26/09/2021 (in force) Open full page ↗
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