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AI Summary of Article 9 Individual consolidation method

This article outlines the conditions under which parent institutions may include certain subsidiaries in their regulatory capital calculations, as stipulated by Directive 2013/36/EU. Specifically, it permits such inclusion provided that the parent institution demonstrates to its competent authority that there are no significant legal or practical barriers to transferring own funds or repaying liabilities from the subsidiary.

Further, the article mandates that competent authorities regularly, at least annually, notify other Member States and, when applicable, third-country authorities about the usage of this provision, ensuring transparency and consistent regulatory oversight in cross-border financial structures.

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

Article 9 Individual consolidation method

1. Subject to paragraphs 2 and 3 of this Article and to Article 144(3) of Directive 2013/36/EU, the competent authorities may permit on a case-by-case basis parent institutions to incorporate in the calculation of their requirement under Article 6(1) subsidiaries which meet the conditions laid down in points (c) and (d) of Article 7(1), and whose material exposures or material liabilities are to that parent institution.

2. The treatment set out in paragraph 1 shall be permitted only where the parent institution demonstrates fully to the competent authorities the circumstances and arrangements, including legal arrangements, by virtue of which there is no current or foreseen material practical or legal impediment to the prompt transfer of own funds, or repayment of liabilities when due by the subsidiary to its parent undertaking.