Version in force , Modified +624 −40§
Amended by Regulation (EU) 2019/2033 32019R2033 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2019/876 32019R0876 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2021/558 32021R0558 on EUR-Lex (external, EUR-Lex) · Regulation (EU) 2020/873 32020R0873 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
The reference to eligible capital in the case-by-case 100% limit exception has been replaced with a reference to Tier 1 capital, and the phrasing about allowing the limit to be exceeded on a case-by-case basis has been reordered.
A new paragraph has been added stating that where a competent authority allows an institution to exceed the limit in Article 395(1) for more than three months, the institution must present a plan for a timely return to compliance to the satisfaction of the competent authority and carry it out within the agreed period, with the competent authority monitoring implementation and able to require a faster return to compliance.
Cited: Art. 396, v1 (external, EUR-Lex) · Art. 396, v2 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 28 December 2020 02013R0575-20201228 → this version, in force 28 June 2021 02013R0575-20210629
Article 396
Compliance with large exposures requirements
1. If, in an exceptional case, exposures exceed the limit set out in Article 395(1), the institution shall report the value of the exposure without delay to the competent authorities which may, where the circumstances warrant it, allow the institution a limited period of time in which to comply with the limit.
Where the amount of EUR 150 million referred to in Article 395(1) is applicable, the competent authorities may allow on a case-by-case basis the 100 % limit in terms of the institution's eligible Tier 1 capital to be exceeded. exceeded on a case-by-case basis.
Where, in the exceptional cases referred to in the first and second subparagraph of this paragraph, a competent authority allows an institution to exceed the limit set out in Article 395(1) for a period longer than three months, the institution shall present a plan for a timely return to compliance with that limit to the satisfaction of the competent authority and shall carry out that plan within the period agreed with the competent authority. The competent authority shall monitor the implementation of the plan and shall require a more rapid return to compliance if appropriate.
2. Where compliance by an institution on an individual or sub-consolidated basis with the obligations imposed in this Part is waived under Article 7(1), or the provisions of Article 9 are applied in the case of parent institutions in a Member State, measures shall be taken to ensure the satisfactory allocation of risks within the group.
3. For the purposes of paragraph 1, EBA shall issue guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010 to specify how the competent authorities may determine:
(a) the exceptional cases referred to in paragraph 1 of this Article;
(b) the time considered appropriate for returning to compliance;
(c) the measures to be taken to ensure the timely return to compliance of the institution.