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AI Summary of Article 83 Qualifying Additional Tier 1 and Tier 2 capital issued by a special purpose entity
The provisions regarding Additional Tier 1 and Tier 2 instruments issued by special purpose entities stipulate that such instruments may qualify as capital until 31 December 2021, provided specific conditions are satisfied. These conditions include full consolidation of the issuer, compliance with the relevant articles for qualifying capital, and the sole asset of the entity being its investment in the parent or subsidiary's own funds.
Furthermore, the European Banking Authority (EBA) is tasked with developing regulatory technical standards to clarify the types of permissible assets for special purpose entities and the notion of minimal and insignificant assets. This guidance aims to enhance regulatory clarity and consistency for stakeholders.
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Article 83 Qualifying Additional Tier 1 and Tier 2 capital issued by a special purpose entity
1. Additional Tier 1 and Tier 2 instruments issued by a special purpose entity, and the related share premium accounts, are included until 31 December 2021 in qualifying Additional Tier 1, Tier 1 or Tier 2 capital or qualifying own funds, as applicable, only where the following conditions are met:
(a) the special purpose entity issuing those instruments is included fully in the consolidation pursuant to Chapter 2 of Title II of Part One;
(b) the instruments, and the related share premium accounts, are included in qualifying Additional Tier 1 capital only where the conditions laid down in Article 52(1) are satisfied;
(c) the instruments, and the related share premium accounts, are included in qualifying Tier 2 capital only where the conditions laid down in Article 63 are satisfied;
(d) the only asset of the special purpose entity is its investment in the own funds of the parent undertaking or a subsidiary thereof that is included fully in the consolidation pursuant to Chapter 2 of Title II of Part One, the form of which satisfies the relevant conditions laid down in Articles 52(1) or 63, as applicable.