3
Own Funds and Eligible Liabilities (Part Two CRR)
[Note: Articles 25 to 35 remain in the CRR]
- 01/01/2022
Article 36 Deductions from Common Equity Tier 1 Items
1.
Institutions shall deduct the following from Common Equity Tier 1 items:
- (a) losses for the current financial year;
- (b) intangible assets;
- (c) deferred tax assets that rely on future profitability;
- (d) for institutions calculating risk-weighted exposure amounts using the Internal Ratings Based Approach (the IRB Approach), negative amounts resulting from the calculation of expected loss amounts laid down in Articles 158 and 159;
- (e) defined benefit pension fund assets on the balance sheet of the institution;
- (f) direct, indirect and synthetic holdings by an institution of own Common Equity Tier 1 instruments, including own Common Equity Tier 1 instruments that an institution is under an actual or contingent obligation to purchase by virtue of an existing contractual obligation;
- (g) direct, indirect and synthetic holdings of the Common Equity Tier 1 instruments of financial sector entities where those entities have a reciprocal cross holding with the institution that have been designed to inflate artificially the own funds of the institution;
- (h) the applicable amount of direct, indirect and synthetic holdings by the institution of Common Equity Tier 1 instruments of financial sector entities where the institution does not have a significant investment in those entities;
- (i) the applicable amount of direct, indirect and synthetic holdings by the institution of the Common Equity Tier 1 instruments of financial sector entities where the institution has a significant investment in those entities;
- (j) the amount of items required to be deducted from Additional Tier 1 items pursuant to Article 56 that exceeds the Additional Tier 1 items of the institution;
- (k) the exposure amount of the following items which qualify for a risk weight of 1,250%, where the institution deducts that exposure amount from the amount of Common Equity Tier 1 items as an alternative to applying a risk weight of 1,250%:
- (i) qualifying holdings outside the financial sector;
- (ii) securitisation positions, in accordance with point (b) of Article 244(1), point (b) of Article 245(1) and Article 253;
- (iii) free deliveries, in accordance with Article 379(3);
- (iv) positions in a basket for which an institution cannot determine the risk weight under the IRB Approach, in accordance with Article 153(8);
- (v) equity exposures under an internal models approach, in accordance with Article 155(4);
- (l) any tax charge relating to Common Equity Tier 1 items foreseeable at the moment of its calculation, except where the institution suitably adjusts the amount of Common Equity Tier 1 items insofar as such tax charges reduce the amount up to which those items may be used to cover risks or losses;
- (m) the applicable amount of insufficient coverage for non-performing exposures.
- 01/01/2022
2.
[Note: Provision left blank]
- 01/01/2022
3.
[Note: Provision left blank]
- 01/01/2022