EBA · 2013_18 Final Q&A

Grandfathering of own funds instruments

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
484, para. 1
Topic
Own funds
Submitted by
Competent authority
Submitted
2013-07-03
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

May capital instruments be adjusted stepwise with the unadjusted part still being eligible for grandfathering? Take the following example: - An institution has issued a hybrid Tier 1 instrument that does not meet the requirements of Article 52 but is eligible for grandfathering; - starting in 2013, the bank adjusts in each year the terms and conditions of 10% of the nominal amount in order to make it fully eligible as Additional Tier 1 (AT1) under Regulation (EU) No 575/2013; - the terms and conditions of the remaining nominal amount of the capital instrument are kept unchanged. May the institution recognize the remaining part of the capital instrument as AT 1 under the grandfathering rules of the Regulation (EU) No 575/2013 given that only the nominal amount but not the terms and conditions of this remaining part are adjusted or does the change of the nominal amount also constitute a change of the whole contract, making the whole instrument no longer eligible for grandfathering since the new contract is concluded after the cut-off date mentioned in Article 484 (1)?

Background

Not given

Answer

The change in the nominal amount would be considered as the issuance of a new instrument. In the specific case above, the instrument would be disqualified after the change in the nominal amount since the new contract is concluded after the cut-off date mentioned in Article 484 (1) and the instrument does not meet the requirements of Article 52 of Regulation (EU) No 575/2013.

Original source: European Banking Authority, Q&A ID 2013_18

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

Similar Q&As

More Q&As on this topic

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

14-day free trial. No credit card required.