EBA · 2014_1507 Final Q&A

Classification of credit unions

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
1, para. 1
Topic
Supervisory reporting - FINREP (incl. FB&NPE)
Submitted by
Credit institution
Submitted
2014-10-01
Answered
2015-10-02
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

Should the loans to credit unions (eg. Spoldzielcze Kasy Oszczednosciowo Kredytowe in Poland) be presented under category "Credit institutions" or as "Other financial corporations"?

Background

Credit institutions category constitutes of banks and multilateral banks. Credit unions do not operated under the Banking Law, and are excluded from CRD. On the other hand they do receive deposits and grant loans to their members, thus to a certain extend their operations comply with a definition of a credit institution provided by Article 4 of Regulation 575/2013.

Answer

For the purposes of reporting financial information under Annex III of Commission Implementing Regulation (EU) No 680/2014, undertakings listed in Article 2(5) of the CRD (Directive 2013/36/EU) have to be classified in accordance with the counterparty breakdown as set out in Annex V, General Instructions, Part 1 paragraph 35 of that Regulation on the basis of their nature. The meaning of "credit institution" in the context of financial reporting and as referred to in letter c) of the above mentioned paragraph is broader than that of a credit institution supervised in accordance with CRD. This is for example the case because the reference in letter c) is not limited to "credit institutions" defined under point 1 of Article 4 (1) CRR, but also explicitly encompasses multinational development banks. In addition, no reference to the scope of application of the CRD is made. Thus, the fact that an entity is exempted from supervision under the CRD should not mean that for the purpose of a breakdown of financial information on counterparties, it cannot be classified as credit institution. Regarding the counterparty breakdown in Annex V please see also Q&A 2013_325 . As regards the classification of Spółdzielcze Kasy Oszczędnościowo - Kredytowe, please note that the purpose of the Q&A tool is not to answer institution specific questions.

Original source: European Banking Authority, Q&A ID 2014_1507

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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