EBA · 2013_292 Final Q&A

CIUs

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
416, para. 6
Topic
Liquidity risk
Submitted by
Industry association
Submitted
2013-09-30
Answered
2015-10-23
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Where an institution consists of a parent bank and two subsidiaries does the EUR 500 million cap on CIUs apply to consolidated group or can it apply to each of the legal entities? In the latter case this would imply the consolidated group could count up to EUR 1500 million CIU.

Background

NA

Answer

As from 1 October 2015, Article 15(1) of the Commission Delegated Regulation (EU) 2015/61 provides that the limit on the absolute amount of EUR 500 million (or equivalent amount in domestic currency) for CIUs applies to each credit institution on an individual basis. Article 2(3) of this Regulation and Article 11(1) of Regulation (EU) No 575/2013 (CRR) require the application of liquidity rules on a consolidated basis. Therefore, this limit would apply individually in respect of each institution in a consolidated group. Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General for Financial Stability, Financial Services and Capital Markets Union) has prepared the answer, albeit that only the Court of Justice of the European Union can provide definitive interpretations of EU legislation. This is an unofficial opinion of that Directorate General, which the European Banking Authority publishes on its behalf. The answers are not binding on the European Commission as an institution. You should be aware that the European Commission could adopt a position different from the one expressed in such Q&As, for instance in infringement proceedings or after a detailed examination of a specific case or on the basis of any new legal or factual elements that may have been brought to its attention.

Original source: European Banking Authority, Q&A ID 2013_292

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.

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