Crr Accompanying Regulation Crr Bv

Original Language Title: CRR-Begleitverordnung – CRR-BV

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995807/crr-begleitverordnung--crr-bv.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
425 regulation of the financial market authority (FMA), with the accompanying measures to the Regulation (EU) No. 575/2013 with regard to the exercise of authority election law on the transitional provisions relating to capital adequacy requirements, market risk, credit risk and the consolidation provisions be taken (CRR accompanying regulation CRR-BV)

On the basis of § 21B paras 1 and 2 of the law on banking - Banking Act, Federal Law Gazette no 532/1993, as last amended by Federal Law Gazette I no. is 184/2013 - concerning articles 1 to 20 of this regulation with the consent of the Federal Minister for finance - prescribed:

1 section

Provisions on own resources

Transition provisions on own funds requirements

§ 1 (1) by way of derogation from article 92 para 1 lit. of Regulation (EU) No. 575/2013 on the supervision requirements for credit institutions and investment firms, OJ No. L 176 of the 27.06.2013 S. 1, is the hard core capital ratio for the calendar year 2014 4 per cent.

(2) by way of derogation from article 92 par. 1 lit. (b) of Regulation (EU) No. 575/2013 is the core capital ratio for the calendar year 2014 5.5 VH.

Transitional provisions to time accounted for unrealized gains and losses

2. (1) for the purposes of article 467 paragraph 1 which no. 575/2013 is Regulation (EU) the applicable percentage of 100 per cent from 1 January 2014.

(2) for the purposes of article 468 paragraph 1 of the Regulation (EU) No. 575/2013 the applicable percentage is



1. 60 per cent for the year 2015;

2. 40 per cent for the calendar year 2016;

3. 20 per cent for the calendar year 2017.

(3) for the purposes of article 468 paragraph 4 which no. 575/2013 is Regulation (EU) the applicable percentage of 100 per cent from 1 January 2014.

Transitional provisions to applicable percentages relating to deductions from post of hard core capital

§ 3 (1) for the purposes of article 469 par. 1 lit. No. 575/2013 the percentage for the calendar year is set of Regulation (EU) 2014 as follows:



1. 20 per cent with respect to the items referred to in article 36 paragraph 1 lit. a, b, d and e of Regulation (EU) No. 575/2013;

2. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. f of the Regulation (EU) No. 575/2013;

3. 50 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013, if they are direct investments;

4. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013, if it is not direct investments.

(2) in article 469 para 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2014 with 0 per cent.

(3) in article 469 para 1 lit. c of Regulation (EU) is lit No. 575 / 2013 called percentage for the calendar year 2014 for the items referred to in article 36 paragraph 1. i of to Regulation (EU) No. 575/2013 with 100 per cent set, if it is not direct investments. For direct investments in accordance with article 36, paragraph 1 lit. i of to Regulation (EU) No. 575/2013 is the article 469, para 1 lit. c of the Regulation (EU) No. 575 / 2013 called percentage with 50 per cent fixed.

§ 4 (1) which in article 469, para 1 lit. of Regulation (EU) No. 575 / 2013 called percentage by 2015 as follows is set for the calendar year:



1. 40 per cent with respect to the items referred to in article 36 paragraph 1 lit. a, b, d and e of Regulation (EU) No. 575/2013;

2. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. f of the Regulation (EU) No. 575/2013;

3. 50 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013;

4. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013, if it is not direct investments.

(2) in article 469 para 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2015 with 10 per cent.

(3) in article 469 para 1 lit. c of Regulation (EU) is lit No. 575 / 2013 called percentage for the calendar year 2015 for the items referred to in article 36 paragraph 1. i of to Regulation (EU) No. 575/2013 with 100 per cent set, if it is not direct investments. For direct investments in accordance with article 36, paragraph 1 lit. i of to Regulation (EU) No. 575/2013 is the article 469, para 1 lit. c of the Regulation (EU) No. 575 / 2013 called percentage with 50 per cent fixed.

§ 5 (1) which in article 469, para 1 lit. of Regulation (EU) No. 575 / 2013 called percentage 2016 as follows is set for the calendar year:



1. 60 per cent with respect to the items referred to in article 36 paragraph 1 lit. a, b, d and e of Regulation (EU) No. 575/2013;

2. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. f of the Regulation (EU) No. 575/2013;

3. 60 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013, if it's direct investments;

4. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013, if it is not direct investments.

(2) in article 469 para 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2016 with 20 per cent.

(3) in article 469 para 1 lit. c of Regulation (EU) is lit No. 575 / 2013 called percentage for the calendar year 2016 for the items referred to in article 36 paragraph 1. i of to Regulation (EU) No. 575/2013 with 100 per cent set, if it is not direct investments. For direct investments in accordance with article 36, paragraph 1 lit. i of to Regulation (EU) No. 575/2013 is the article 469, para 1 lit. c of the Regulation (EU) No. 575 / 2013 called percentage with 60 per cent fixed.

Section 6 (1) which in article 469, para 1 lit. of Regulation (EU) No. 575 / 2013 called percentage 2017 as follows is set for the calendar year:



1 80 per cent with respect to the items referred to in article 36 paragraph 1 lit. a, b, d and e of Regulation (EU) No. 575/2013;

2. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. f of the Regulation (EU) No. 575/2013;

3. 80 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013, if they are direct investments;

4. 100 per cent with respect to the items referred to in article 36 paragraph 1 lit. g and h of Regulation (EU) No. 575/2013, if it is not direct investments.

(2) in article 469 para 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2017 with 30 per cent.

(3) in article 469 para 1 lit. c of Regulation (EU) is lit No. 575 / 2013 called percentage for the calendar year 2017 for the items referred to in article 36 paragraph 1. i of to Regulation (EU) No. 575/2013 with 100 per cent set, if it is not direct investments. For direct investments in accordance with article 36, paragraph 1 lit. i of to Regulation (EU) No. 575/2013 is the article 469, para 1 lit. c of the Regulation (EU) No. 575 / 2013 called percentage with 80 per cent fixed.

§ 7. He article 469 par. 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2018 with 40 per cent.

§ 8. He article 469 par. 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2019 with 50 per cent.

§ 9. He article 469 par. 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2020 with 60 per cent.

§ 10. He article 469 par. 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2021 with 70 per cent.

§ 11. He article 469 par. 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2022 with 80 per cent.

§ 12. He article 469 par. 1 lit. c, to Regulation (EU) is lit for the items referred to in article 36 para 1 No. 575 / 2013 called percentage. set c of Regulation (EU) No. 575/2013 that before January 1, 2014, for the calendar year 2023 with 90 per cent.

Transitional provisions to applicable percentages relating to deductions from post of additional core capital

§ 13. For the purposes of Article 474 lit. No. 575/2013 the percentage for the calendar year is set of Regulation (EU) 2014 as follows:



lit 1 100 vH for the items referred to in article 56. of Regulation (EU) No. 575/2013;

2.

20 vH for items in accordance with articles 56 lit. b, c and d of Regulation (EU) No. 575/2013, if they are direct investments;

3. 100 vH for items in accordance with articles 56 lit. b, c and d of Regulation (EU) No. 575/2013, if it is not direct investments;

4. 100 vH for items in accordance with articles 56 lit. e of Regulation (EU) No. 575/2013;

5. 100 vH for items in accordance with articles 56 lit. f of the Regulation (EU) No. 575/2013.

§ 14. For the purposes of Article 474 lit. of Regulation (EU) No. 575/2013 is the percentage for the period from 1 January 2015 until 31 December 2017 for all in article 56 of Regulation (EU) No. 575 / 2013 these deductions with 100% fixed.

Transitional provisions to applicable percentages relating to deductions from items of supplementary capital

§ 15. For the purposes of article 476 lit. of Regulation (EU) No. 575/2013 is the percentage is for the calendar year 2014 as follows set:



lit 1 100 vH for the items referred to in article 66. of Regulation (EU) No. 575/2013;

2 lit 20 vH for the items referred to in article 66. b, c and d of Regulation (EU) No. 575/2013, if they are direct investments;

3. 100 vH for items in accordance with article 66 lit. b, c and d of Regulation (EU) No. 575/2013, if it is not direct investments.

§ 16. For the purposes of article 476 lit. of Regulation (EU) No. 575/2013 is the percentage for the period from 1 January 2015 until 31 December 2017 for all in article 66 of Regulation (EU) No. 575 / 2013 these deductions with 100% fixed.

Transitional provisions for the recognition of applicable rather than minority instruments and positions in the consolidated hard core capital

§ 17. For the purposes of Article 479 para. 2 of the Regulation (EU) No. 575/2013 the applicable percentage is



1 80 per cent for calendar year 2014;

2. 60 per cent for the year 2015;

3. 40 per cent for the calendar year 2016;

4. 20 per cent for the calendar year 2017.

Transitional provisions for the recognition of minority interests, qualified additional core capital and supplementary capital in the consolidated equity capital

§ 18. For the purposes of article 480 paragraph 1 of the Regulation (EU) No. 575/2013 the applicable factor is



1 0.2 for the calendar year 2014;

2. 0.4 for the year 2015;

3. 0.6 for the calendar year 2016;

4. 0.8 for the calendar year 2017.

Transitional provisions for additional filters and deductions

§ 19. For the purposes of section 481 paragraph 1 of the Regulation (EU) No. 575/2013 the applicable percentage is



1 80 per cent for calendar year 2014;

2. 60 per cent for the year 2015;

3. 40 per cent for the calendar year 2016;

4. 20 per cent for the calendar year 2017.

Transition provisions on restrictions on the protection for items in the context of hard core capital, of the additional core capital and supplementary capital

§ 20. For the purposes of article 486 of Regulation (EU) 575/2013 the applicable percentages are no.



1 80 per cent for calendar year 2014;

2. 70 per cent for the year 2015;

3. 60 per cent for the calendar year 2016;

4. 50 per cent for the year 2017;

5. 40 per cent for the calendar year 2018;

6 30 per cent for the calendar year 2019;

7 20 per cent for the year 2020;

8 10 per cent for the calendar year 2021.

Recognition of interim profits and gains at the end of the year

§ 21 interim profits or annual profits determined before the final decision can para 2 lit under the article 26. a and b of Regulation (EU) No. 575 / 2013 requirements are part of the hard core capital.

2. section

Provisions relating to holdings outside the financial sector

Risk weight of 1 250 vH

section 22. Be no. 575 / 2013 established limits exceeded paragraph 1 or 2 of the Regulation (EU) in articles 89, so institutions have eligible own funds referred to in article 4 para 1 No. 71 of Regulation (EU) No. 575/2013 in the amount of qualifying holdings beyond these borders to keep. Be both crossed the line of article 89 paragraph 1 and of paragraph 2 of Regulation (EU) No. 575/2013, so only the higher of the two overruns instrumental.

3. section

Provisions for credit risk

Materiality of a liability in the course of debtor default qualifying

section 23. A liability applies at least as much in the meaning of article 178, paragraph 1 lit. (b) of Regulation (EU) No. 575/2013, if on the basis of the entire due claims and credit line, the total of all overdue loan rates including open charges and interest rates and overdraft of Druckbuchstaben exceedances is greater than 2.5% adjusted for currency fluctuations the sum of all known given the customers overdraft, and exceeded the amount of 250 euro.

Exception of participations by the use of the IRB approach

§ 24. Until 31 December 2017 can credit institutions or groups of credit institutions in the internal ratings-based approach in accordance with articles 142 to 191 of Regulation (EU) No. 575/2013 apply, the basis of assessment for the credit risk of those equity exposures, which keep them on December 31, 2007, according to the standardised approach to credit risk in accordance with articles 111 and 141 of the Regulation (EU) No. 575 / 2013 determine. The position is measured according to the number of shares held as at 31 December 2007 and any other increase resulting directly from this possession, as long as it increases not the participation in this company. Not included in participations are in so far as



1 is through a share purchase has increased the participation rate in a particular company or 2 these though were held on December 31, 2007, then however sold and then bought back were.

4 section

Provisions on market risk

Application of market valuation method in the context of article 282 of Regulation (EU) No. 575/2013

§ 25 institutions have transactions with non-linear risk profile, as well as payment components and transactions with reference debt instrument, for which the Institute of Delta or, where appropriate, the modified run-time instead of one in accordance with article 283 of Regulation (EU) can be determined No. 575 / model approved 2013 for the determination of the capital requirement for market risk, the exposure value after the market valuation method in accordance with article 274 of the Regulation (EU) No. 575 / 2013 to determine. Netting is not allowed.

Set-off of convertible debt in the framework of capital requirements for position risk

§ I no. 98/1965, are 26 convertible bonds to § 174, paragraph 1, AktG - German Stock Corporation Act, Federal Law Gazette as to capture value items as substance and can be shares, in which the conversion right, be expected when



1. the period until that day, when for the first time in stocks can be cast, less than three months, or, if already a transformation was possible, the period up to the next possible conversion is less than a year, and 2. the convertible bonds at a premium in 10%; trading the premium is calculated from the market price of the convertible bonds minus the market price of the share, which can be cast, expressed as a percentage of the market price of the share.

5. section

Consolidation rules

Shares in credit institutions, CRR credit institutions, CRR - financial institutions, CRR investment companies, providers of ancillary services and asset management companies within the meaning of Directive 2002/87/EC

Section 27 (1) for investments within the meaning of article 4 para 1 No. 35 of the Regulation (EU) No. 575/2013 CRR credit institutions, CRR - financial institutions, CRR investment firms, credit institutions, providers of ancillary services and asset management companies within the meaning of Directive 2002/87/EC, which after with the provisions of the accounting framework for consolidated viewing according to article 4 para 1 No. 77 of Regulation (EU) No. 575/2013 using the equivalence method are included in the consolidated accounts and not under article 18 para 1 to 4 of Regulation (EU) No. 575/2013 in the supervision on a consolidated basis are to be included is the equivalence method to be used for purposes of regulatory consolidation in accordance with part 1, title II, Chapter 2 of Regulation (EU) No. 575/2013.

(2) from the equivalence method differences should be treated according to the provisions of the applicable financial reporting framework. The attributable to the goodwill goodwill is in accordance with article 37. (b) of Regulation (EU) to handle no. 575/2013.

Section 28 (1) holds indirectly and directly a credit institution share rights to other credit institutions, CRR credit institutions or CRR financial institutions amounting to more than 10 vH of the capital of these institutions and are not under article 18 paragraphs 1 to 4 of Regulation (EU) No. 575/2013 in the supervision on consolidated to include base, a pro rata consolidation can be made This also applies to investments in credit or financial institutions after § 27.


(2) the pro rata consolidation is to carry out in accordance with the provisions stipulated by the applicable financial reporting framework for the implementation of a proportional consolidation. The regulatory treatment of any differences or differences depends on the General provisions of the Regulation (EU) No. 575/2013.

Shares in companies that are not credit institutions, CRR credit institutions, CRR - financial institutions, CRR investment companies, providers of ancillary services or asset management companies within the meaning of Directive 2002/87/EC

29. (1) the valuation of share rights to undertakings that are not credit institutions, CRR credit institutions, CRR - financial institutions, CRR investment firms, providers of ancillary services or asset management companies within the meaning of Directive 2002/87/EC, depends on the accounting framework for consolidated viewing within the meaning of article 4 para 1 No. 77 of Regulation (EU) No. 575/2013.

(2) a credit institution, or one of the companies in the regulatory consolidation of this credit institution exerts a significant influence on company referred to in paragraph 1, for the shares of these companies held for purposes of regulatory consolidation in accordance with part 1, title II, Chapter 2 of Regulation (EU) can no. 575 / 2013 uniformly use the equivalence method.

(3) from the application of the equivalence method differences should be treated according to the provisions of the applicable financial reporting framework. The attributable to the goodwill goodwill is in accordance with article 37. (b) of Regulation (EU) to handle no. 575/2013.

Consolidation of horizontal enterprise groups

section 30. Institutions with each other by a relationship within the meaning of article 12 para 1 of Directive 83/349/EEC are connected, is the institution with the largest balance sheet total headquartered domestically for purposes of regulatory consolidation in accordance with part 1, title II, Chapter 2 of Regulation (EU) No. 575 / 2013 as the parent institution in the Member State to handle.

6 article

Entry into force

§ 31. This Regulation shall enter into force 1 January 2014.

Ettl Kumpf Müller