Skip to main content

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.

Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2014 - onwards
Version 4 of 4

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;