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AI Summary of Article 104a Reclassification of a position
This regulation mandates that institutions establish clear policies for the reclassification of trading and non-trading book positions, which must be reviewed annually. The European Banking Authority (EBA) is tasked with monitoring supervisory practices and will issue guidelines by July 2027 to define exceptional circumstances for such reclassifications.
Competent authorities may allow reclassifications only when evidence of exceptional circumstances is provided, with the management body's approval. Public disclosure is required upon reclassification, especially if it results in reduced own funds requirements. Notably, reclassifications are generally irrevocable, save for specific exceptional cases outlined.
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Article 104a Reclassification of a position
1. Institutions shall have in place clearly defined policies for identifying the exceptional circumstances which justify the reclassification of a trading book position as a non-trading book position or, conversely, the reclassification of a non-trading book position as a trading book position, for the purpose of determining their own funds requirements to the satisfaction of the competent authorities. The institutions shall review those policies at least annually.
EBA shall monitor the range of supervisory practices and shall issue by 10 July 2027 guidelines, in accordance with Article 16 of Regulation (EU) No 1093/2010, on what exceptional circumstances entail for the purposes of the first subparagraph of this paragraph and of paragraph 5 of this Article. Until EBA issues those guidelines, competent authorities shall notify EBA of, and shall provide a rationale for, their decisions on whether or not to permit an institution to reclassify a position as referred to in paragraph 2 of this Article.