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AI Summary of Article 78 Supervisory permission to reduce own funds

This regulation outlines the conditions under which financial institutions may obtain permission from the competent authority to reduce, redeem, or repurchase their Common Equity Tier 1, Additional Tier 1, or Tier 2 instruments. Such permissions can be granted if the institution replaces these instruments with ones of equal or higher quality or demonstrates sufficient own funds exceeding regulatory requirements. General prior permission may also be provided for a specified period, not exceeding one year, subject to certain limitations.

Additionally, institutions can redeem instruments under specific circumstances, such as changes in regulatory classification or tax treatment, provided they met the relevant criteria. The European Banking Authority is tasked with developing regulatory technical standards to clarify the processes and limits associated with these actions.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 11 November 2021 - onwards
Version 7 of 7

Article 78 Supervisory permission to reduce own funds

1.The competent authority shall grant permission for an institution to reduce, call, redeem, repay or repurchase Common Equity Tier 1, Additional Tier 1 or Tier 2 instruments, or to reduce, distribute or reclassify related share premium accounts, where either of the following conditions is met:

(a) before or at the same time as any of the actions referred to in Article 77(1), the institution replaces the instruments or the related share premium accounts referred to in Article 77(1) with own funds instruments of equal or higher quality at terms that are sustainable for the income capacity of the institution;

(b) the institution has demonstrated to the satisfaction of the competent authority that the own funds and eligible liabilities of the institution would, following the action referred to in Article 77(1) of this Regulation, exceed the requirements laid down in this Regulation and in Directives 2013/36/EU and 2014/59/EU by a margin that the competent authority considers necessary.