EBA · 2013_364 Final Q&A

Financial Customer Definition - application to captive finance companies within non-financial corporate groups

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
411, para. 1
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2013-10-09
Answered
2015-10-23
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Article 411(1) stipulates that “'financial customer' means a customer that performs one or more of the activities listed in Annex I to Directive 2013/36/EU as its main business”. We are seeking clarity as to whether captive finance companies (“captives”) are captured by this section of the financial customer definition where they are part of a wider non-financial corporate group.

Background

Captives are entities set up within corporate groups to perform lending and leasing activities that facilitate the sale of goods or services of that wider group to its wholesalers and/or end customers. As such, our view is that captives are intrinsically linked to the corporate group and would not exist in isolation.

Answer

Legal entities that perform one or more of the activities or fall under the categories referred to in Article 411(1) of Regulation (EU) No 575/2013 and Article 3(9) of Commission Delegated Regulation (EU) 2015/61 shall be regarded as "financial customers" whether captive or not. 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_364

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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