AI Summary of Article 16a Power to prohibit certain distributions
Where an entity meets the combined buffer for Article 141a(1)(a)–(c) but fails when Articles 45c and 45d are included (per Article 45(2)(a)), the resolution authority, after immediate notification and consultation with the competent authority, may prohibit distributions above the Maximum Distributable Amount (M‑MDA). Prohibitions may cover CET1 distributions, creation of obligations to pay variable remuneration or discretionary pensions (including obligations created while non‑compliant) and payments on Additional Tier 1 instruments. The authority must assess without delay and then at least monthly the cause, duration and impact on resolvability, financial prospects and likelihood of remedy, whether inability to replace eligible liabilities is idiosyncratic or market‑wide, and proportionality.
If the situation persists nine months after notification the authority shall impose the prohibition unless, after consultation, at least two specified market‑disturbance conditions apply (broad market stress; volatility and market closures preventing issuance; closures affecting multiple entities; inability to issue sufficient instruments; or negative spill‑overs). Any exception must be notified and explained and reassessed monthly. M‑MDA equals interim and year‑end profits not in CET1, net of prohibited distributions/payments and tax, multiplied by a factor based on CET1 available for buffers as a percentage of total risk exposure; quartiles correspond to factors 0, 0.2, 0.4 and 0.6. Where the combined buffer does not apply on the same basis the authority uses an estimated combined buffer under the delegated act to Article 45c(4); Article 128(4) applies and the estimate must be included in the decision and published with Article 45i(3) information.
Article 16a Power to prohibit certain distributions
1. Where an entity is in a situation where it meets the combined buffer requirement when considered in addition to each of the requirements referred to in points (a), (b) and (c) of Article 141a(1) of Directive 2013/36/EU, but it fails to meet the combined buffer requirement when considered in addition to the requirements referred to in Articles 45c and 45d of this Directive, when calculated in accordance with point (a) of Article 45(2) of this Directive, the resolution authority of that entity shall have the power, in accordance with paragraphs 2 and 3 of this Article, to prohibit an entity from distributing more than the Maximum Distributable Amount related to the minimum requirement for own funds and eligible liabilities ("M-MDA"), calculated in accordance with paragraph 4 of this Article, through any of the following actions:
(a) make a distribution in connection with Common Equity Tier 1 capital;
(b) amencreate an obligation to pay variable remuneration or discretionary pension benefits, or to pay variable remuneration if the obligation to pay was created at a time when the entity failed to meet the combined buffer requirement; or
(c) make payments on Additional Tier 1 instruments.