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AI Summary of Article 490 Tier 2 items with an incentive to redeem
The provisions outlined from Articles 62 and 63 establish specific criteria for certain financial instruments during the specified period from 1 January 2014 to 31 December 2021. These items may qualify as Tier 2 instruments under defined circumstances, particularly in relation to the timing and conditions surrounding the exercise of redemption rights.
Key qualifications hinge on the institution's ability to exercise a call with an incentive to redeem before set dates, the non-exercise of such calls, and compliance with Article 63 conditions. Moreover, failure to meet these conditions post-maturity may alter the Tier 2 status of these items, thus underscoring the importance of careful regulatory adherence.
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Article 490 Tier 2 items with an incentive to redeem
1. By way of derogation from Articles 62 and 63, during the period from 1 January 2014 to 31 December 2021, items referred to in Article 484(5) that qualified under the national transposition measures for point (f) or (h) of Article 57 of Directive 2006/48/EC and include in their terms and conditions a call with an incentive for them to be redeemed by the institution shall be subject to the requirements laid down in paragraphs 2 to 7 of this Article.
2. The items shall qualify as Tier 2 instruments provided that:
(a) the institution was able to exercise a call with an incentive to redeem only prior to 1 January 2013;
(b) the institution did not exercise the call;
(c) from 1 January 2013 the conditions laid down in Article 63 are met.
3. The items shall qualify as Tier 2 items in accordance with Article 484(5) until the date of their effective maturity, and shall qualify thereafter as Tier 2 items without limit, provided that the following conditions are met:
(a) the institution was able to exercise a call with an incentive to redeem only on or after 1 January 2013;