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AI Summary of Article 91 Exceptions
This document outlines conditions under which certain shares held by undertakings are excluded from the eligible capital limits as delineated in Article 89(1). Specifically, shares are exempt when held temporarily during financial assistance operations, as an underwriting position for five working days or less, or in the institution's own name on behalf of other parties.
Additionally, shares that do not qualify as financial fixed assets per Article 35(2) of Directive 86/635/EEC are similarly excluded from calculations referenced in Article 89. This regulatory guidance aims to clarify and streamline the treatment of share holdings in capital adequacy assessments.
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Article 91 Exceptions
1. Shares of undertakings not referred to in points (a) and (b) of Article 89(1) shall not be included in calculating the eligible capital limits specified in that Article where any of the following conditions is met:
(a) those shares are held temporarily during a financial assistance operation as referred to in Article 79;
(b) the holding of those shares is an underwriting position held for five working days or fewer;
(c) those shares are held in the own name of the institution and on behalf of others.
2. Shares which are not financial fixed assets as referred to in Article 35(2) of Directive 86/635/EEC shall not be included in the calculation specified in Article 89.