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Capital Requirements Regulation (CRR)
Article 88a

Article 88a - Qualifying eligible liabilities instruments

Status
In force
Selected consolidated version from
30/09/2021
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Article 88a

Qualifying eligible liabilities instruments

Liabilities issued by a subsidiary established in the Union that belongs to the same resolution group as the resolution entity shall qualify for inclusion in the consolidated eligible liabilities instruments of an institution subject to Article 92a, provided that all the following conditions are met:

(a) 

they are issued in accordance with point (a) of Article 45f(2) of Directive 2014/59/EU;

(b) 

they are bought by an existing shareholder that is not part of the same resolution group as long as the exercise of the write-down or conversion powers in accordance with Articles 59 to 62 of Directive 2014/59/EU does not affect the control of the subsidiary by the resolution entity;

(c) 

they do not exceed the amount determined by subtracting the amount referred to in point (i) from the amount referred to in point (ii):

(i) 

the sum of the liabilities issued to and bought by the resolution entity either directly or indirectly through other entities in the same resolution group and the amount of own funds instruments issued in accordance with point (b) of Article 45f(2) of Directive 2014/59/EU;

(ii) 

the amount required in accordance with Article 45f(1) of Directive 2014/59/EU.



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