EBA · 2022_6338 Rejected question

Aggregation of retail deposits for checking the criteria for "retail deposits subject to higher outflow rates"

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
421, para. 3
Topic
Liquidity risk
Submitted by
Credit institution
Submitted
2022-01-14

Question

If a natural person has an account at the bank as a natural person and, at the same time, he/she is an owner of a legal entity, which qualifies as an SME, and also has a separate business account at the same bank as a legal entity, shall the accounts of both the natural person and the legal entity aggregated when checking the total deposit balance against the threshold of EUR 500 000? If yes, what shall be the level of legal entity ownership (e.g. 100%, more than 50%, etc.) in order to combine the natural person and the legal entity?

Background

According to Article 25 paragraph 2 (a): “2.  Other retail deposits shall be subject to higher outflow rates, as determined by the credit institution, in accordance with paragraph 3, where the following conditions are met: (a) the total deposit balance, including all the client's deposit accounts at that credit institution or group, exceeds EUR 500 000.” A natural person customer, which has an account at the bank and stand-alone meets the criteria of "stable retail deposits", might own a SME legal entity, which has a separate business account at the same bank as a legal entity and which also qualifies for "stable retail deposits" on stand-alone basis. Nevertheless, if the accounts of the natural person and the SME are aggregated, the total balance might exceed the EUR 500 000 threshold.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2022_6338

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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