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Capital Requirements Regulation (CRR)
Article 490

Article 490 - Tier 2 items with an incentive to redeem

Status
In force
Selected consolidated version from
30/09/2021
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Article 490

Tier 2 items with an incentive to redeem

1.  
By way of derogation from Articles 62 and 63, during the period from 1 January 2014 to 31 December 2021, items referred to in Article 484(5) that qualified under the national transposition measures for point (f) or (h) of Article 57 of Directive 2006/48/EC and include in their terms and conditions a call with an incentive for them to be redeemed by the institution shall be subject to this Article.
2.  

The items shall qualify as Tier 2 instruments provided that:

(a) 

the institution was able to exercise a call with an incentive to redeem only prior to 1 January 2013;

(b) 

the institution did not exercise the call;

(c) 

from 1 January 2013 the conditions laid down in Article 63 are met.

3.  

The items shall qualify as Tier 2 items in accordance with Article 484(5) until the date of their effective maturity, and shall qualify thereafter as Tier 2 items without limit, provided that the following conditions are met:

(a) 

the institution was able to exercise a call with an incentive to redeem only on or after 1 January 2013;

(b) 

the institution did not exercise the call on the date of the effective maturity of the items;

(c) 

the conditions laid down in Article 63 are met from the date of the effective maturity of the items.

4.  

The items shall not qualify as Tier 2 items from 1 January 2014 where the following conditions are met:

(a) 

the institution was able to exercise a call with an incentive to redeem only between 31 December 2011 and 1 January 2013;

(b) 

the institution did not exercise the call on the date of the effective maturity of the items;

(c) 

the conditions laid down in Article 63 are not met from the date of the effective maturity of the items.

5.  

The items shall qualify as Tier 2 items with their recognition reduced in accordance with Article 484(5) until the date of their effective maturity, and shall not qualify as Tier 2 items thereafter, where:

(a) 

the institution was able to exercise a call with an incentive to redeem on or after 1 January 2013;

(b) 

the institution did not exercise the call on the date of their effective maturity;

(c) 

the conditions set out in Article 63 are not met from the date of effective maturity of the items.

6.  

The items shall qualify as Tier 2 items in accordance with Article 484(5) where:

(a) 

the institution was able to exercise a call with an incentive to redeem only prior to or on 31 December 2011;

(b) 

the institution did not exercise the call on the date of the effective maturity of the items;

(c) 

the conditions laid down in Article 63 are not met from the date of the effective maturity of the items.