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AI Summary of Article 49 Requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied

This summary outlines the framework for calculating own funds under Directive 2002/87/EC, detailing provisions for deductions of holdings within financial sector entities. Competent authorities may permit institutions to exclude certain own funds instruments from deductions, contingent on conditions including prior consent and adequate risk management practices.

Furthermore, specific scenarios enable non-deduction of holdings, particularly for institutions within the same institutional protection scheme. Notably, any holdings that are exempt from deductions will still be classified as exposures and subjected to risk weightings, thus maintaining regulatory consistency in capital adequacy assessments.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 8 of 8

Article 49 Requirement for deduction where consolidation, supplementary supervision or institutional protection schemes are applied

1. For the purposes of calculating own funds on an individual basis, a sub-consolidated basis and a consolidated basis, where the competent authorities require or permit institutions to apply method 1, 2 or 3 of Annex I to Directive 2002/87/EC, the competent authorities may permit institutions not to deduct the holdings of own funds instruments of a financial sector entity in which the parent institution, parent financial holding company or parent mixed financial holding company or institution has a significant investment, provided that the conditions laid down in points (a) to (e) of this paragraph are met:

(a) the financial sector entity is an insurance undertaking, a reinsurance undertaking or an insurance holding company;

(b) that insurance undertaking, reinsurance undertaking or insurance holding company is included in the same supplementary supervision under Directive 2002/87/EC as the parent institution, parent financial holding company or parent mixed financial holding company or institution that has the holding;