- Regulation
- Regulation (EU) No 575/2013 (CRR)
- Article
- 99
- Topic
- Supervisory reporting - FINREP (incl. FB&NPE)
- Submitted by
- Competent authority
- Submitted
- 2024-10-15
- Answered
- 2024-12-20
- Answer provided by
- ESAs (EBA, ESMA, EIOPA)
Background
Annex V. Part 2 Paragraph 294 states that institutions shall provide, as of the reporting date, detailed information on subsidiaries, joint ventures and associates fully or proportionally consolidated within the scope of accounting consolidation as well as entities reported as “Investments in subsidiaries, joint ventures and associates” which are not fully or proportionally consolidated under the regulatory scope of consolidation, including also those entities in which investments are held for sale under IFRS 5. All subsidiaries regardless the activity they perform shall be reported. And following your final answer under the question submitted by Nationwide Building Society, ID nr. 2016-2670, when entities are consolidated in accordance with the accounting rules but the reporting entity does not have the legal ownership, the entities shall be reported in template F 40.01 and no information shall be reported in template F 40.02. Therefore, it is possible to identify the entities controlled by the group of institutions but not who the controlling entity is. Our question refers to the subsidiaries under the controlled entity, where there is legal ownership. In this case, there is a direct capital investment by the controlled entity in the subsidiary, but there is no legal ownership of the group’s parent company. Should this subsidiary be included as the Parent Company in FINREP template 40.02? (for example: Parent company A has control over entity B, and entity B has legal ownership over entity C. Should the relationship between entities B and C be reported on FINREP template 40.02?)
Answer
Paragraph 294 of Part 2 of Annex V to Commission Implementing Regulation (EU) 2021/451 states that: ‘Institutions shall provide, as of the reporting date, detailed information on subsidiaries, joint ventures and associates fully or proportionally consolidated within the scope of accounting consolidation as well as entities reported as ‘Investments in subsidiaries, joint ventures and associates’ in accordance with paragraph 4 of this Part, including those entities in which investments are held for sale under IFRS 5. All entities shall be reported, regardless of the activity they perform’. In the example above mentioned, the entities are consolidated in accordance with the accounting rules and the subsidiary of the reporting entity (entity B) have the legal ownership over entity C which is also a subsidiary of the group. Therefore, the entities B and C should be reported in both template F 40.01 and F 40.02. In the latter, the relationship between entity B and entity C should be reported. Therefore, entity B will be identified as ‘holding company’ and entity C as the 'investee'. Columns ‘Security code’, ‘Accumulated equity interest (%)’, ‘Carrying amount’ and ‘Acquisition cost’ should correspond to the security/securities held by entity B in entity C, following the instructions of paragraph 297 of Part 2 of Annex V to Commission Implementing Regulation (EU) 2021/451.
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.