EBA · 2014_1062 Final Q&A

Retail Depoists - EUR1 million limit

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
411, para. 2
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2014-04-09
Answered
2014-10-24
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

With reference to the definition of "Retail Deposits", does the EUR1 million limit apply to 'natural persons'? Or does it solely apply to SMEs and companies eligible for the treatments set out in Article 153(4) of Regulation (EU) No 575/2013 (CRR)?

Background

This is the wording found in Article 411 (2): “'retail deposit' means a liability to a natural person or to an SME, where the natural person or the SME would qualify for the retail exposure class under the Standardised or IRB approaches for credit risk, or a liability to a company which is eligible for the treatment set out in Article 153(4)2 and where the aggregate deposits by all such enterprises on a group basis do not exceed EUR 1 million.”

Answer

Article 411(2) of Regulation (EU) No 575/2013 is to be interpreted such that the ceiling on aggregate deposits mentioned therein does not apply to natural persons.   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 2014_1062

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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