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AI Summary of Article 92b Requirement for own funds and eligible liabilities for non-EU G-SIIs
This document outlines the requirements for material subsidiaries of non-EU Global Systemically Important Institutions (G-SIIs) that are not designated as resolution entities. Such subsidiaries must maintain own funds and eligible liabilities amounting to at least 90% of the thresholds set in Article 92a.
To qualify for these requirements, Additional Tier 1 and Tier 2 instruments are only eligible if they are owned by the ultimate parent company and issued by entities within the same third country or EU Member State. Furthermore, these instruments must rank subordinate to other liabilities in insolvency proceedings and are subject to specific write-down or conversion provisions under applicable EU directives.
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Article 92b Requirement for own funds and eligible liabilities for non-EU G-SIIs
1. Institutions that are material subsidiaries of non-EU G-SIIs and that are not resolution entities shall at all times satisfy requirements for own funds and eligible liabilities equal to 90 % of the requirements for own funds and eligible liabilities laid down in Article 92a.
2. For the purpose of complying with paragraph 1, Additional Tier 1, Tier 2 and eligible liabilities instruments shall only be taken into account where those instruments are owned by the ultimate parent undertaking of the non-EU G-SII and have been issued directly or indirectly through other entities within the same group, provided that all such entities are established in the same third country as that ultimate parent undertaking or in a Member State.
3. An eligible liabilities instrument shall only be taken into account for the purpose of complying with paragraph 1 where it fulfils all the following additional conditions: