EBA · 2016_2914 Rejected question

Calculation of “total liabilities including own funds”

Regulation
Directive 2014/59/EU (BRRD)
Article
44, para. 5
Topic
MREL
Submitted by
Competent authority
Submitted
2016-09-22

Question

How shall authorities calculate “total liabilities including own funds”?

Background

Article 44(5) of BRRD states: "The resolution financing arrangement may make a contribution referred to in paragraph 4 only where: (a) a contribution to loss absorption and recapitalisation equal to an amount not less than 8 % of the total liabilities including own funds of the institution under resolution, measured at the time of resolution action in accordance with the valuation provided for in Article 36, has been made by the shareholders and the holders of other instruments of ownership, the holders of relevant capital instruments and other bail-inable liabilities through write down, conversion or otherwise; and (b) the contribution of the resolution financing arrangement does not exceed 5 % of the total liabilities including own funds of the institution under resolution, measured at the time of resolution action in accordance with the valuation provided for in Article 36.” There is no clear definition how own funds shall be included in total liabilities.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2016_2914

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