EBA · 2015_1764 Final Q&A

Treatment of Sovereign Wealth Funds as non-financial customers or financial customers

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
422, para. 5
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2015-01-28
Answered
2015-04-30
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

If an institution has unsecured deposits from a Sovereign Wealth Fund, are those deposits from financial customers or deposits from non-financial customers?

Background

Article 422(5) of Regulation (EU) No 575/2013 (CRR) states that deposits from non-financial customers that do not fulfil the criteria of paragraphs 3 and 4 should be treated with a 40% outflow rate. However there is no definition of what a non-financial customer is. It is clear that non-financial corporations are included here and that banks and financial corporations are not included. But it is unclear if a Sovereign Wealth Fund is treated like a financial customer or like a Government/Sovereign (meaning it is a non-financial customer).

Answer

For liquidity coverage and stable funding purposes, in the absence of a specific provision on unsecured deposits from a Sovereign Wealth Fund under Regulation (EU) No 575/2013 (CRR) or the Delegated Regulation (EU) 2015/61, unsecured deposits from a Sovereign Wealth Fund should be considered as deposits from financial customers under Article 422(5) of the CRR  31a(1) of the Delegated Regulation (EU) 2015/61   unless the Sovereign Wealth Fund is 100% owned by the sovereign and managed by a public sector entity as per Article 4(1)(8) of the CRR, in which case they should be considered as deposits from a public sector entity, or is managed by a central bank as per Article 4 (1)(46) of the CRR, in which case they should be considered as deposits from a central bank.

Original source: European Banking Authority, Q&A ID 2015_1764

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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