EBA · 2016_2563 Final Q&A

Intra-group financial support consideration

Regulation
Directive 2014/59/EU (BRRD)
Article
23, 19, para. 7
Topic
Intra-group financial support
Submitted by
Competent authority
Submitted
2016-01-13
Answered
2016-02-05
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

According to Article 23 Directive 2014/59/EU (BRRD), the intra-group financial support may be granted if there is a reasonably prospect that the beneficiary party pay the consideration. Should this consideration only take a pecuniary form?

Background

In our opinion, BRRD states that the consideration for intra-group financial support shall be calculated in monetary units/pecuniary form according to Article 19 (7). We seek clarification as to whether our assumption is correct.

Answer

Article 19 of Directive 2014/59/EU (BRRD) sets out the principles for determination of consideration, it does not explicitly prescribe that consideration should be necessarily paid back in monetary units. While it is sensible to expect that the calculation of the consideration (in order to determine its amount) should be expressed in monetary units, its paying bank, for instance, could take the form of securities of the equivalent value. 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 2016_2563

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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