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Article 394 - Reporting requirements

Article 394

Reporting requirements

1.  

Institutions shall report the following information to their competent authorities for each large exposure that they hold, including large exposures exempted from the application of Article 395(1):

(a) 

the identity of the client or the group of connected clients to which the institution has a large exposure;

(b) 

the exposure value before taking into account the effect of the credit risk mitigation, where applicable;

(c) 

where used, the type of funded or unfunded credit protection;

(d) 

the exposure value, after taking into account the effect of the credit risk mitigation calculated for the purposes of Article 395(1), where applicable.

Institutions that are subject to Chapter 3 of Title II of Part Three shall report their 20 largest exposures to their competent authorities on a consolidated basis, excluding the exposures exempted from the application of Article 395(1).

Institutions shall also report exposures of a value greater than or equal to EUR 300 million but less than 10 % of the institution's Tier 1 capital to their competent authorities on a consolidated basis.

2.  

In addition to the information referred to in paragraph 1 of this Article, institutions shall report the following information to their competent authorities in relation to their 10 largest exposures to institutions on a consolidated basis, as well as their 10 largest exposures to shadow banking entities which carry out banking activities outside the regulated framework on a consolidated basis, including large exposures exempted from the application of Article 395(1):

(a) 

the identity of the client or the group of connected clients to which an institution has a large exposure;

(b) 

the exposure value before taking into account the effect of the credit risk mitigation, where applicable;

(c) 

where used, the type of funded or unfunded credit protection;

(d) 

the exposure value after taking into account the effect of the credit risk mitigation calculated for the purposes of Article 395(1), where applicable.

3.  
Institutions shall report the information referred to in paragraphs 1 and 2 to their competent authorities on at least a semi-annual basis.
4.  
EBA shall develop draft regulatory technical standards to specify the criteria for the identification of shadow banking entities referred to in paragraph 2.

In developing those draft regulatory technical standards, EBA shall take into account international developments and internationally agreed standards on shadow banking and shall consider whether:

(a) 

the relation with an individual entity or a group of entities may carry risks to the institution's solvency or liquidity position;

(b) 

entities that are subject to solvency or liquidity requirements similar to those imposed by this Regulation and Directive 2013/36/EU should be entirely or partially excluded from the obligation to be reported referred to in paragraph 2 on shadow banking entities.

EBA shall submit those draft regulatory technical standards to the Commission by 28 June 2020.

Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

In Force

Version from: 08/07/2022

Amendment History