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AI Summary of Article 18 Methods of prudential consolidation
Institutions, financial holding companies and mixed financial holding companies required to comply on a consolidated basis must fully consolidate all subsidiary institutions and financial institutions. Paragraphs 3–6 and 9 do not apply where Part Six and point (d) of Article 430(1) apply to the consolidated situation or to a sub-consolidated liquidity subgroup; Article 11(3a) requires full consolidation of subsidiaries in relevant resolution groups. Paragraph 2 is deleted.
Competent authorities determine consolidation for undertakings related under Article 22(7) of Directive 2013/34/EU, may require proportional consolidation for participations managed jointly with non-included undertakings where liability is limited, and may permit or require the equity method for other participations (which does not constitute consolidated supervision). They may also determine consolidation where significant influence exists without capital ties or under single management, and may require full or proportional consolidation of non-financial subsidiaries that pose a substantial risk of needing institutional support. EBA must draft RTS on specified consolidation cases by 31 December 2020 and report on consolidated supervision definitions and scope by 10 July 2025, updating at least biennially; the Commission may adopt the RTS and propose legislative adjustments based on EBA’s findings.
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Article 18 Methods of prudential consolidation
1. Institutions, financial holding companies and mixed financial holding companies that are required to comply with the requirements referred to in Section 1 of this Chapter on the basis of their consolidated situation shall carry out a full consolidation of all institutions and financial institutions that are their subsidiaries. Paragraphs 3 to 6 and paragraph 9 of this Article shall not apply where Part Six and point (d) of Article 430(1) apply on the basis of the consolidated situation of an institution, financial holding company or mixed financial holding company or on the sub-consolidated situation of a liquidity sub-group as set out in Articles 8 and 10.
For the purposes of Article 11(3a), institutions that are required to comply with the requirements referred to in Article 92a or 92b on a consolidated basis shall carry out a full consolidation of all institutions and financial institutions that are their subsidiaries in the relevant resolution groups.