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Article 7 - Methods and necessary details for the recognition in consolidated own funds of minority interest and additional Tier 1 and Tier 2 instruments

Article 7

Methods and necessary details for the recognition in consolidated own funds of minority interest and additional Tier 1 and Tier 2 instruments

1.   Institutions shall treat the minority interests and additional Tier 1 and Tier 2 instruments in accordance with Part Two, Title II, of Regulation (EU) No 575/2013 and Article 34a of Commission Delegated Regulation (EU) No 241/2014 (9).

2.   Where the consolidation method is the one provided for in Article 6(2), the minority interests and additional Tier 1 and Tier 2 instruments that are issued by entities that are included in the scope of the prudential consolidation in accordance with Article 2 may be included in that consolidation provided that those minority interests and additional Tier 1 and Tier 2 instruments cover the losses of all the relevant entities included in the prudential scope of consolidation.

3.   Where the method of consolidation is the one provided for in Article 6(2), the minority interests and additional Tier 1 and Tier 2 instruments that are issued by entities that are included in the scope of consolidation in accordance with Article 2, and that are owned by persons other than the entities included in the scope of consolidation which manage the entities pursuant to Article 2(3), shall be deemed to be available to cover the losses of all the entities included in the prudential scope of consolidation.


(9)  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 and eligible liabilities requirements for institutions (OJ L 74, 14.3.2014, p. 8, ELI: http://data.europa.eu/eli/reg_del/2014/241/oj).