-
What's new
- All What's new
-
European
- What's new - All
- <hr>
- What's new - last 24 hrs
- What's new - last 7 days
- What's new - last 30 days
- <hr>
- New EU Legislation
- European Commission
- European Banking Authority
- European Securities and Markets Authority
- European Insurance and Occupational Pensions Authority
- <hr>
- Consultations and similar
- Commentaries
- <hr>
- Downloads and Exports
- Latest news by Topics
-
International
- What's new - All
- <hr>
- What's new - last 24 hrs
- What's new - last 7 days
- What's new - last 30 days
- <hr>
- Bank for International Settlements
- Basel Committee on Banking Supervision
- Egmont Group
- International Association of Insurance Supervisors
- International Monetary Fund
- <hr>
- Consultations and similar
- Commentaries
- <hr>
- Downloads and Exports
- Latest news by Topics
- Downloads and Exports
- Legislation
- Organisations
-
Commentaries
- Consultations
- Sanctioned regimes
- IFRSs
- Regulatory calendar
- Quicklinks
-
More
Table of Contents
Page Overview
Document Overview
AI Summary of Article 7 Derogation from the application of prudential requirements on an individual basis
This provision allows competent authorities to waive Article 6(1) for subsidiaries of institutions under specific conditions, ensuring effective distribution of own funds between the parent and subsidiary. Key conditions for this waiver include the absence of legal or practical barriers hindering the transfer of funds, prudent management assurances from parent institutions, and comprehensive risk evaluation frameworks covering the subsidiary.
Furthermore, the same waiver option applies to parent institutions within a Member State provided they are subject to adequate supervision and meet similar criteria, promoting a coherent regulatory environment across Member States.
AI Disclaimer
Please note that AI-generated content should not be considered legal advice. Users are encouraged to consult with qualified professionals or legal advisors where specific legal guidance is required.
We are committed to transparency and responsible use of AI in a way that supports, but never replaces, human expertise.
If you have any questions or concerns about the use of AI on our platform, please feel free to contact us.
Article 7 Derogation from the application of prudential requirements on an individual basis
1. Competent authorities may waive the application of Article 6(1) to any subsidiary of an institution, where both the subsidiary and the institution are subject to authorisation and supervision by the Member State concerned, and the subsidiary is included in the supervision on a consolidated basis of the institution which is the parent undertaking, and all of the following conditions are satisfied, in order to ensure that own funds are distributed adequately between the parent undertaking and the subsidiary:
(a) there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds or repayment of liabilities by its parent undertaking;
(b) either the parent undertaking satisfies the competent authority regarding the prudent management of the subsidiary and has declared, with the permission of the competent authority, that it guarantees the commitments entered into by the subsidiary, or the risks in the subsidiary are of negligible interest;