Article 89
Ancillary own funds
1.
Ancillary own funds shall consist of items other than basic own funds which can be called up to absorb losses.
Ancillary own funds may comprise the following items to the extent that they are not basic own-fund items:
(a)
unpaid share capital or initial fund that has not been called up;
(b)
letters of credit and guarantees;
(c)
any other legally binding commitments received by insurance and reinsurance undertakings.
In the case of a mutual or mutual-type association with variable contributions, ancillary own funds may also comprise any future claims which that association may have against its members by way of a call for supplementary contribution, within the following 12 months.
2.
Where an ancillary own-fund item has been paid in or called up, it shall be treated as an asset and cease to form part of ancillary own-fund items.