Article 5
Information concerning solvency
1. The competent authorities of the home Member State shall inform the competent authorities of a host Member State whether an institution is compliant with the following requirements:
|
(a) |
the own fund requirements laid down in Article 92 of Regulation (EU) No 575/2013, taking into account any measures adopted or recognised in accordance with Article 458 of that Regulation and, where relevant, taking into account the transitional arrangements laid down in Part Ten of that Regulation; |
|
(b) |
any additional own fund requirements imposed in accordance with Article 104 of Directive 2013/36/EU; |
|
(c) |
the capital buffer requirements set out in Chapter 4 of Title VII of Directive 2013/36/EU. |
2. In addition to the information specified in paragraph 1, the competent authorities of the home Member State shall provide to the competent authorities of a host Member State which supervise a significant branch of an institution which is subject to own funds requirements the following information:
|
(a) |
the institution's Common Equity Tier 1 capital ratio, within the meaning of Article 92(2)(a) of Regulation (EU) No 575/2013; |
|
(b) |
the institution's Tier 1 capital ratio, within the meaning of Article 92(2)(b) of Regulation (EU) No 575/2013; |
|
(c) |
the institution's total capital ratio, within the meaning of Article 92(2)(c) of Regulation (EU) No 575/2013; |
|
(d) |
the institution's total risk exposure amount, within the meaning of Article 92(3) of Regulation (EU) No 575/2013; |
|
(e) |
the own funds requirements applicable in the home Member State in accordance with Article 92 of Regulation (EU) No 575/2013, taking into account any measures adopted or recognised in accordance with Article 458 of that Regulation and, where relevant, taking into account the transitional arrangements laid down in Part Ten of that Regulation; |
|
(f) |
the level of the capital conservation buffer that the institution is required to maintain in accordance with Article 129 of Directive 2013/36/EU; |
|
(g) |
the level of any institution-specific countercyclical capital buffer that the institution is required to maintain in accordance with Article 130 of Directive 2013/36/EU; |
|
(h) |
the level of any systemic risk buffer that the institution is required to maintain in accordance with Article 133 of Directive 2013/36/EU; |
|
(i) |
the level of any G-SII buffer or O-SII buffer that the institution is required to maintain in accordance with Article 131(4) and (5) of Directive 2013/36/EU; |
|
(j) |
the level of any additional own funds requirements imposed in accordance with point (a) of Article 104(1) of Directive 2013/36/EU and of any other requirements imposed relating to the institution's solvency in accordance with that Article. |
3. Where the application of the relevant provisions of Regulation (EU) No 575/2013 has been waived in accordance with Articles 7, 10 or 15 of that Regulation, or the requirements set out in Articles 10 and 12 and Article 13(1) of Directive 2013/36/EU have been waived in accordance with Article 21 of that Directive 2013/36/EU, or an institution has received permission to apply the treatment referred to in Article 9(1) of Regulation (EU) No 575/2013, the competent authorities of the home Member State shall provide the information set out in paragraph 2 at the sub-consolidated level or, in accordance with Article 2 of this Regulation, at the consolidated level.