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AI Summary of Article 483 Grandfathering of State aid instruments
This Article outlines the grandfathering provisions for capital instruments issued from 1 January 2014 to 31 December 2017, specifically focusing on those linked to recapitalisation measures under State aid rules. It stipulates that qualifying instruments must have been issued prior to 1 January 2014 and approved by the Commission as compatible with the internal market.
Additionally, it discusses the categorisation of these instruments into Common Equity Tier 1, Additional Tier 1, and Tier 2 instruments. Notably, it establishes that compliance with national transposition measures can qualify instruments for these categories, even if certain regulatory conditions are unmet, provided that the criteria specified in paragraph 8 are adhered to.
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Article 483 Grandfathering of State aid instruments
1. By way of derogation from Articles 26 to 29, 51, 52, 62 and 63 during the period from 1 January 2014 to 31 December 2017, this Article applies to capital instruments and items where the following conditions are met:
(a) the instruments were issued prior to 1 January 2014;
(b) the instruments were issued within the context of recapitalisation measures pursuant to State aid rules. Insofar as part of the instruments are privately subscribed, they must be issued prior to 30 June 2012 and in conjunction with those parts that are subscribed by the Member State;
(c) the instruments were considered compatible with the internal market by the Commission under Article 107 TFEU;
Where the instruments are subscribed by both the Member State and private investors and there is a partial redemption of the instruments subscribed by the Member State, a corresponding share of the privately subscribed part of the instruments shall be grandfathered in accordance with Article 484. When all the instruments subscribed by the Member State have been redeemed, the remaining instruments subscribed by private investors shall be grandfathered in accordance with Article 484.