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In force since 03/04/2014

Version from: 09/05/2023

References (79)

EBA webpage on this legal act

eba.europa.eu/regulatory-technical-standards-own-funds-requirements-investment-firms

eba.europa.eu/legacy/regulation-and-policy/regulatory-activities/own-funds/regulatory-technical-standards-0

eba.europa.eu/legacy/regulation-and-policy/regulatory-activities/own-funds/regulatory-technical-standards

eba.europa.eu/regulatory-technical-standards-own-funds

Timeline

19/04/2023

Amendment: Delegated Regulation 2023/827 published in OJ

26/05/2021

EBA/RTS/2021/05

Final Draft published

22/12/2020

Amendment: Delegated Regulation 2020/2176 published in OJ

14/10/2020

EBA/RTS/2020/07

Final Draft published

09/06/2020

Consultation published

29/05/2020

Consultation published

17/06/2015

Amendment: Delegated Regulation 2015/923 published in OJ

02/06/2015

Amendment: Delegated Regulation 2015/850 published in OJ

24/03/2015

Amendment: Delegated Regulation 2015/488 published in OJ

05/06/2014

EBA-RTS-2013-01 (near final)

Final Draft published

27/03/2014

EBA/RTS/2014/03

Final Draft published

14/03/2014

Delegated Regulation 241/2014 published in OJ

29/01/2014

EBA/RTS/2014/01

Final Draft published

13/12/2013

EBA/RTS/2013/09

Final Draft published

27/11/2013

Consultation published

26/07/2013

EBA/RTS/2013/02

Final Draft published

26/07/2013

EBA/RTS/2013/01

Final Draft published

26/07/2013

EBA/RTS/2013/03

Final Draft published

17/07/2013

Consultation published

23/05/2013

Consultation published

09/11/2012

Consultation published

12/06/2012

Consultation published

04/04/2012

Consultation published

Search within this legal act

Synchronised with EUR-Lex on 21/11/2024

CRR Tool Delegated Regulation 241/2014

Delegated Regulation 241/2014

Commission Delegated Regulation (EU) No 241/2014 of 7 January 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for Own Funds requirements for institutions (Text with EEA relevance)

CHAPTER I - GENERAL (Article 1-1a)Article 1 - Subject matter Article 1a - Application of this Regulation to entities subject to the minimum requirement for own funds and eligible liabilities, and to eligible liabilities referred to in Directive 2014/59/EU

CHAPTER II - ELEMENTS OF OWN FUNDS AND ELIGIBLE LIABILITIES (Article 2-19)

SECTION 1 - Common Equity Tier 1 capital and eligible liabilities items and instruments (Article 2-11)

Subsection 1 - Foreseeable dividends and charges (Article 2-3)Article 2 - Meaning of foreseeable in foreseeable dividend for the purposes of Article 26(2)(b) of Regulation (EU) No 575/2013 Q&A Article 3 - Meaning of foreseeable in foreseeable charge for the purposes of Article 26(2)(b) of Regulation (EU) No 575/2013 Q&A

Subsection 2 - Cooperative societies, savings institutions, mutuals and similar institutions (Article 4-7d)Article 4 - Type of undertaking recognised under applicable national law as a cooperative society for the purposes of Article 27(1)(a)(ii) of Regulation (EU) No 575/2013 Q&A Article 5 - Type of undertaking recognised under applicable national law as a savings institution for the purposes of Article 27(1)(a)(iii) of Regulation (EU) No 575/2013 Article 6 - Type of undertaking recognised under applicable national law as a mutual for the purposes of Article 27(1)(a)(i) of Regulation (EU) No 575/2013 Article 7 - Type of undertaking recognised under applicable national law as a similar institution for the purposes of Article 27(1)(a)(iv) of Regulation (EU) No 575/2013 Article 7a - Multiple distributions constituting a disproportionate drag on own funds Article 7b - Preferential distributions regarding preferential rights to payments of distributions Article 7c - Calculation of the payout ratio for the purposes of point (b) of Article 7b (8)Article 7d - Preferential distributions regarding the order of distribution payments

Subsection 3 - Indirect funding (Article 8-9)Article 8 - Indirect funding of capital instruments for the purposes of Article 28(1), point (b), Article 52(1), point (c), and Article 63, point (c), and of liabilities for the purpose of Article 72b (2), point (c), of Regulation (EU) No 575/2013 Q&A Article 9 - Applicable forms and nature of indirect funding of capital instruments for the purposes of Article 28(1), point (b), Article 52(1), point (c) and Article 63, point (c), and of liabilities for the purpose of Article 72b (2), point (c), of Regulation (EU) No 575/2013 Q&A

Subsection 4 - Limitations on redemption of capital instruments (Article 10-11)Article 10 - Limitations on redemption of capital instruments issued by mutuals, savings institutions, cooperative societies and similar institutions for the purposes of Article 29(2)(b) of Regulation (EU) No 575/2013 and Article 78(3) of Regulation (EU) No 575/2013 Article 11 - Limitations on redemption of capital instruments issued by mutuals, savings institutions, cooperative societies and similar institutions for the purposes of Article 29(2)(b) of Regulation (EU) No 575/2013 and Article 78(3) of Regulation (EU) No 575/2013

SECTION 2 - Prudential Filters (Article 12)Article 12 - The concept of gain on sale for the purposes of Article 32(1)(a) of Regulation (EU) No 575/2013

SECTION 3 - Deductions from Common Equity Tier 1 items (Article 13-16)Article 13 - Deduction of losses for the current financial year for the purposes of Article 36(1)(a) of Regulation (EU) No 575/2013 Article 13a - Deduction of software assets that are classified as intangible assets for accounting purposes for the purposes of Article 36(1), point (b), of Regulation (EU) No 575/2013 Q&A Article 14 - Deductions of deferred tax assets that rely on future profitability for the purposes of Article 36(1)(c) of Regulation (EU) No 575/2013 Article 15 - Deduction of defined benefit pension fund assets for the purposes of Article 36(1)(e) of Regulation (EU) No 575/2013 and Article 41(1)(b) of Regulation (EU) No 575/2013 Article 15a - Indirect holdings for the purposes of Article 36(1)(f),(h) and (i) of Regulation (EU) No 575/2013 Q&A Article 15b - Synthetic holdings for the purposes of Article 36(1)(f),(h) and (i) of Regulation (EU) No 575/2013 Q&A Article 15c - Calculation of indirect holdings for the purposes of points (f),(h) and (i) of Article 36(1) of Regulation (EU) No 575/2013 Q&A Article 15d - Default approach for the calculation of indirect holdings for the purposes of points (f),(h) and (i) of Article 36(1) of Regulation (EU) No 575/2013 Q&A Article 15e - Structure-based approach for the calculation of indirect holdings for the purposes of points (f), (h) and (i) of Article 36(1) of Regulation (EU) No 575/2013 Q&A Article 15f - Calculation of synthetic holdings for the purposes of points (f),(h) and (i) of Article 36(1) of Regulation (EU) No 575/2013 Q&A Article 15g - Calculation of significant investments for the purposes of Article 36(1)(i) of Regulation (EU) No 575/2013 Article 15h - Holdings of Additional Tier 1 and Tier 2 Article 15i - Order and maximum amount of deductions of indirect holdings of own funds instruments of financial sector entities Article 15j - Goodwill Article 16 - Deductions of foreseeable tax charges for the purposes of Article 36(1)(l) and Article 56(f) of Regulation (EU) No 575/2013

SECTION 4 - Other deductions for Common Equity Tier 1, additional Tier 1 and Tier 2 items (Article 17-19)Article 17 - Other deductions for capital instruments of financial institutions for the purposes of Article 36(3) of Regulation (EU) No 575/2013 Article 18 - Capital instruments of third country insurance and reinsurance undertakings for the purposes of Article 36(3) of Regulation (EU) No 575/2013 Article 19 - Capital instruments of undertakings excluded from the scope of Directive 2009/138/EC for the purposes of Article 36(3) of Regulation (EU) No 575/2013

CHAPTER III - ADDITIONAL TIER 1 AND TIER 2 CAPITAL AND ELIGIBLE LIABILITIES (Article 20-24a)

SECTION 1 - Form and nature of incentives to redeem (Article 20)Article 20 - Form and nature of incentives to redeem for the purposes of Article 52(1), point (g), Article 63, point (h), Article 72b(2), point (g), and Article 72c (3) of Regulation (EU) No 575/2013 Q&A

SECTION 2 - Conversion or write-down of the principal amount (Article 21-22)Article 21 - Nature of the write-up of the principal amount following a write-down for the purposes of Article 52(1)(n) and Article 52(2)(c)(ii) of Regulation (EU) No 575/2013 Article 22 - Procedures and timing for determining that a trigger event has occurred for the purposes of Article 52(1)(n) of Regulation (EU) No 575/2013

SECTION 3 - Features of instruments that could hinder recapitalisation (Article 23)Article 23 - Features of instruments that could hinder recapitalisation for the purposes of Article 52(1)(o) of Regulation (EU) No 575/2013

SECTION 4 - Use of special purposes entities for indirect issuance of own funds instruments (Article 24-24a)Article 24 - Use of special purposes entities for indirect issuance of own funds instruments for the purposes of Article 52(1)(p) and Article 63(n) of Regulation (EU) No 575/2013 Article 24a - Distribution on own funds instruments — broad market indices

CHAPTER IV - GENERAL REQUIREMENTS (Article 25-33)

SECTION 1 - Indirect holdings arising from index holdings (Article 25-26)Article 25 - Extent of conservatism required in estimates for calculating exposures used as an alternative to the underlying exposures for the purposes of Article 76(2) of Regulation (EU) No 575/2013 Article 26 - Meaning of operationally burdensome in Article 76(3) of Regulation (EU) No 575/2013

SECTION 2 - Permission for reducing own funds and eligible liabilities (Article 27-32i)

Subsection 1 - Supervisory permission for reducing own funds (Article 27-32)Article 27 - Meaning of sustainable for the income capacity of the institution for the purposes of Article 78(1), point (a), and Article 78(4), point (d), of Regulation (EU) No 575/2013 Article 28 - Process requirements including the limits and procedures for an application by an institution to reduce own funds pursuant to Article 77(1) of Regulation (EU) No 575/2013 Q&A Article 29 - Submission by the institution of an application to reduce own funds pursuant to Article 77(1) of Regulation (EU) No 575/2013 Q&A Article 30 - Content of the application to be submitted by the institution for the purposes of Article 77(1) of Regulation (EU) No 575/2013 Article 30a - Additional information to be submitted with an application for a general prior permission for actions listed in Article 77(1) of Regulation (EU) No 575/2013 Article 30b - Information to be submitted with an application for a renewal of a general prior permission for actions listed in Article 77(1) of Regulation (EU) No 575/2013 Article 31 - Timing of the application to be submitted by the institution and processing of the application by the competent authority for the purposes of Article 77(1) of Regulation (EU) No 575/2013 Article 32 - Applications for redemptions, reductions and repurchases by mutuals, cooperative societies, savings institutions or similar institutions for the purposes of Article 77(1) of Regulation (EU) No 575/2013 Q&A

Subsection 2 - Permission for reducing eligible liabilities instruments (Article 32a-32i)Article 32a - Meaning of sustainable for the income capacity of the institution for the purposes of Article 78a (1), point (a), of Regulation (EU) No 575/2013 Article 32b - Process requirements, including the limits and procedures for an application by an institution to reduce eligible liabilities instruments pursuant to Article 77(2) of Regulation (EU) No 575/2013 Q&A Article 32c - Submission by the institution of an application to reduce eligible liabilities instruments pursuant to Article 77(2) of Regulation (EU) No 575/2013 Article 32d - Content of the application to be submitted by the institution for the purposes of Article 77(2) of Regulation (EU) No 575/2013 Article 32e - Additional information to be submitted with the application for a general prior permission for actions listed in Article 77(2) of Regulation (EU) No 575/2013 Article 32f - Information to be submitted with an application for a renewal of a general prior permission for actions listed in Article 77(2) of Regulation (EU) No 575/2013 Article 32g - Timing of the application to be submitted by the institution and processing of the application by the resolution authority for the purposes of Article 77(2) of Regulation (EU) No 575/2013 Article 32h - Simplified requirements for institutions for which the resolution authority has set the minimum requirement for own funds and eligible liabilities laid down in Article 45(1) of Directive 2014/59/EU at a level that does not exceed an amount sufficient to absorb losses Article 32i - Process of cooperation between the competent authority and the resolution authority when granting the permission referred to in Article 78a of Regulation (EU) No 575/2013

SECTION 3 - Temporary waiver from deduction from own funds and eligible liabilities (Article 33)Article 33 - Temporary waiver from deduction from own funds and eligible liabilities for the purposes of Article 79(1) of Regulation (EU) No 575/2013

CHAPTER V - MINORITY INTEREST AND ADDITIONAL TIER 1 AND TIER 2 INSTRUMENTS ISSUED BY SUBSIDIARIES (Article 34-34a)Article 34 - The type of assets that can relate to the operation of special purpose entities and meaning of minimal and insignificant regarding qualifying Additional Tier 1 and Tier 2 capital issued by special purpose entities for the purposes of Article 83(1) of Regulation (EU) No 575/2013 Article 34a - Minority interests included in consolidated Common Equity Tier 1 capital

CHAPTER Va - OWN FUNDS BASED ON FIXED OVERHEADS (Article 34b-34d)Article 34b - Calculation of the eligible capital of at least one quarter of the fixed overheads of the preceding year for the purposes of Article 97(1) of Regulation (EU) No 575/2013 Article 34c - Conditions for the adjustment by the competent authority of the requirement to hold eligible capital of at least one quarter of the fixed overheads of the previous year according to Article 97(2) of Regulation (EU) No 575/2013 Article 34d - Calculation of projected fixed overheads in the case of a firm that has not completed business for one year according to Article 97(3) of Regulation (EU) No 575/2013

CHAPTER VI - SPECIFICATION OF THE TRANSITIONAL PROVISIONS OF REGULATION (EU) No 575/2013 IN RELATION TO OWN FUNDS (Article 35-37)Article 35 - Additional filters and deductions for the purposes of Article 481(1) of Regulation (EU) No 575/2013 Article 36 - Items excluded from grandfathering of capital instruments not consituting state aid in Common Equity Tier 1 or Additional Tier 1 items in other elements of own funds for the purposes of Article 487(1) and (2) of Regulation (EU) No 575/2013 Article 37

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