Article 89
Risk weighting and prohibition of qualifying holdings outside the financial sector
1.
A qualifying holding, the amount of which exceeds 15 % of the eligible capital of the institution, in an undertaking which is not one of the following shall be subject to the provisions laid down in paragraph 3:
(a)
(b)
an undertaking, that is not a financial sector entity, carrying on activities which the competent authority considers to be any of the following:
(i)
a direct extension of banking;
(ii)
ancillary to banking;
(iii)
leasing, factoring, the management of unit trusts, the management of data processing services or any other similar activity.
2.
The total amount of the qualifying holdings of an institution in undertakings other than those referred to in points (a) and (b) of paragraph 1 that exceeds 60 % of its eligible capital shall be subject to the provisions laid down in paragraph 3.
3.
Competent authorities shall apply the requirements laid down in point (a) or (b) to qualifying holdings of institutions referred to in paragraphs 1 and 2:
(a)
for the purpose of calculating the capital requirement in accordance with Part Three, institutions shall apply a risk weight of 1 250 % to the greater of the following:
(i)
the amount of qualifying holdings referred to in paragraph 1 in excess of 15 % of eligible capital;
(ii)
the total amount of qualifying holdings referred to in paragraph 2 that exceed 60 % of the eligible capital of the institution;
(b)
the competent authorities shall prohibit institutions from having qualifying holdings referred to in paragraphs 1 and 2 the amount of which exceeds the percentages of eligible capital laid down in those paragraphs.
Competent authorities shall publish their choice of (a) or (b).
4.
For the purposes of point (b) of paragraph 1, EBA shall issue guidelines specifying the following concepts:
(a)
activities that are a direct extension of banking;
(b)
activities ancillary to banking;
(c)
similar activities.
Those guidelines shall be adopted in accordance with Article 16 of Regulation (EU) No 1093/2010.