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Provision history · CRR

Art. 396 · Compliance with large exposures requirements

Capital Requirements Regulation · 32013R0575 · every version of this act · on EUR-Lex (external, EUR-Lex)

3 changes recorded across 3 versions, newest first.

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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)

Applies from: no date changed

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.

Version in force , Modified

Amended by Regulation (EU) 2019/876 32019R0876 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

A new paragraph 3 has been added requiring EBA to issue guidelines under Article 16 of Regulation (EU) No 1093/2010 specifying how competent authorities may determine exceptional cases, the appropriate time for returning to compliance, and measures to ensure timely return to compliance.

Paragraphs 1 and 2 remain textually unchanged between the two versions.

Cited: Art. 396, v2 (external, EUR-Lex) · Art. 396, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page

Version detected , Modified

no amending act named

Applies from: no date changed

Explanation, written by a model and checked against the cited text

In paragraph 2, the word describing how the individual or sub-consolidated obligations are set aside was changed from 'disapplied' to 'waived', while the rest of the sentence is unchanged.

Paragraphs 1 and 2 also now have their numbering placed on a separate line from the following text, a formatting change with no wording difference in paragraph 1.

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, on this version's page