Art. 422 · Outflows on other liabilities

Previous version, in force 28 December 2020 02013R0575-20201228 → this version, in force 28 June 2021 02013R0575-20210629

Article 422 Outflows on other liabilities 1. Institutions shall multiply liabilities resulting from the institution's own operating expenses by 0 %. 2. Institutions shall multiply liabilities resulting from secured lending and capital market-driven transactions as defined in point (3) of Article 192 by: (a) … 335 unchanged words … deposit guarantee scheme in a third country and by 25 % otherwise. Deposits from credit institutions placed at central credit institutions that are considered as liquid assets in accordance with Article 416(1)(f) shall be multiplied by 100 % outflow rate. 4. Clearing, custody or custody, cash management or other comparable services referred to in points (a) and (d) of paragraph 3 shall only covers such cover those services to the extent that they those services are rendered in the context of an established relationship on which the depositor has substantial dependency. They dependence. Those services shall not merely consist in of correspondent banking or prime brokerage services services, and the institution institutions shall have evidence that the client is unable to withdraw amounts legally due over a 30 day 30-day time horizon without compromising its operational functioning. Pending a uniform definition of an established operational relationship as referred to in point (c) of paragraph 3, institutions shall themselves establish the criteria to identify for identifying an established operational relationship for which they have evidence that the client is unable to withdraw amounts legally due over a 30-day time horizon without compromising their its operational functioning and shall report these those criteria to the competent authorities. Competent authorities may, in In the absence of a uniform definition, competent authorities may provide general guidance that institutions shall are to follow in identifying deposits maintained by the depositor in a context of an established operational relationship. 5. Institutions shall multiply liabilities resulting from deposits by clients that are not financial customers to the extent they do not fall under paragraphs 3 and 4 by 40 % and shall multiply the amount of these liabilities covered by a Deposit Guarantee Scheme in accordance with Directive 94/19/EC or an equivalent Deposit Guarantee Scheme in a third country by 20 %. 6. Institutions shall take outflows and inflows expected over the 30 day horizon from the contracts listed in Annex II into account on a net basis across counterparties and shall multiply them by 100 % in the case of a net outflow. Net basis shall mean also net of collateral to be received that qualifies as liquid assets under Article 416. 7. Institutions shall separately report other liabilities that do not fall under paragraphs 1 to 5. 8. Competent authorities may grant the permission to apply a lower outflow percentage on a case-by-case basis, to the liabilities referred to in paragraph 7, when 7 on a case-by-case basis, provided that all of the following conditions are fulfilled: met: (a) the depositor is: counterparty is any of the following: (i) a parent or subsidiary institution of the institution institution, or a parent or subsidiary investment firm of the institution, or another subsidiary of the same parent institution; institution or parent investment firm; (ii) the counterparty is linked to the institution by a relationship within the meaning of Article 12(1) 22(7) of Directive 83/349/EEC; 2013/34/EU; (iii) an institution falling within the same institutional protection scheme meeting the requirements of Article 113(7); or (iv) the central institution or a member of a network compliant with point (d) of Article 400 (2)(d); 400(2); (b) there are reasons to expect a lower outflow over the next 30 days even under a combined idiosyncratic and market-wide stress scenario; (c) a corresponding symmetric or more conservative inflow is applied by the depositor counterparty by way of derogation from Article 425; (d) the institution and the depositor counterparty are established in the same Member State. 9. Competent authorities may waive the conditions set out in point (d) of paragraph 8 where point (b) of Article 20(1) is applied. In that case additional objective criteria as set out in the delegated act referred to in Article 460 have to be met. Where such lower outflow is permitted to be applied, the competent authorities shall inform EBA about the result of the process referred to in point (b) of Article 20(1). The fulfilment of the conditions for such lower outflows shall be regularly reviewed by the competent authorities. 10. EBA shall develop draft regulatory technical standards to further specify the additional objective criteria referred to in paragraph 9. EBA shall submit those draft regulatory technical standards to the Commission by 1 January 2015. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.