EBA · 2014_796 Final Q&A

What is meant with 'mainly' in the definition of 'financial holding company'?

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
4, para. 1
Topic
Other issues
Submitted by
Credit institution
Submitted
2014-01-29
Answered
2014-11-21
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

A 'financial holding company' is defined as a financial institution, the subsidiaries of which are exclusively or mainly institutions or financial institutions, at least one of such subsidiaries being an institution, and which is not a mixed financial holding company. Could you please provide more guidance on what is meant with 'mainly'?

Background

In order to define a 'financial holding company' properly we are keen to know when a group of entities (of which at least one is an institution) exists of mainly institutions or financial institutions. This is necessary for the scope of prudential consolidation and the applicability of the provisions of the Regulation (EU) No 575/2013 (CRR) as described in Article 11(2) and 18(1).

Answer

The term "mainly" used in Article 4(1)(20) of Regulation (EU) No 575/2013 should be understood to refer to a situation where more than 50% of the equity, consolidated assets, revenues, personnel or another indicator deemed relevant by the competent authority of a holding company are associated with subsidiaries that are institutions or financial institutions.   DISCLAIMER: This question goes beyond matters of consistent and effective application of the regulatory framework. A Directorate General of the Commission (Directorate General 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 2014_796

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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