EBA · 2013_382 Final Q&A

Inclusion of ancillary services undertakings in prudential consolidation

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
18
Topic
Own funds
Submitted by
Credit institution
Submitted
2013-10-10
Answered
2014-04-04
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Should the ancillary services undertakings be included in prudential consolidation according to Article 18 and 19 of Regulation (EU) No 575/2013 (CRR)?

Background

According to Article18(1) of CRR only "institutions and financial institutions" should be included in prudential consolidation. But in Article 19(1) of CRR is mentioned, that “an institution, financial institution or an ancillary services undertaking which is a subsidiary or an undertaking in which a participation is held, need not to be included in the consolidation” in some circumstances, which means that also ancillary services undertakings should be included in prudential consolidation if they do not meet the conditions mentioned in Article 19(1).

Answer

Where consolidated supervision is required pursuant to Article 111 of Directive 2013/36/EU, Article 18(8) of Regulation (EU) No. 575/2013 requires the inclusion of ancillary services undertakings within the scope of prudential consolidation in accordance with the methods laid down in Article 18. Disclaimer: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate-General of the Commission (Directorate General for Internal Market and Services) 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_382

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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