Version in force , Modified +206 −655§
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)
dates removed: 2013-07-28
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Found in the text, but not every source lists it — the text comparison found this change; the EU's own amendment metadata does not list it. The source that does not name it is the EU's own amendment metadata. Both are shown; neither is overruled.
Explanation, written by a model and checked against the cited text
The article heading changed from "Own funds" to "Disclosure of own funds", and the numbered paragraph structure (1) and (2) was removed, with the introductory sentence and list items folded into a single unnumbered list.
Point (a) now describes the reconciliation as reconciling items with the balance sheet rather than to it, and references Articles 32 to 36 instead of Articles 32 to 35 and 36 separately, while point (d)(ii) now refers to items deducted rather than each deduction made.
The former paragraph 2, which directed EBA to develop implementing technical standards and submit them to the Commission by 28 July 2013, and the related empowerment of the Commission under Regulation (EU) No 1093/2010, no longer appears in the text.
Cited: Art. 437, v1 (external, EUR-Lex) · Art. 437, 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 437
Own Disclosure of own funds
1. Institutions shall disclose the following information regarding their own funds:
(a) a full reconciliation of Common Equity Tier 1 items, Additional Tier 1 items, Tier 2 items and the filters and deductions applied pursuant to Articles 32 to 35, 36, 56, 66 and 79 to own funds of the institution pursuant to Articles 32 to 36, 56, 66 and 79 with the balance sheet in the audited financial statements of the institution;
(b) a description of the main features of the Common Equity Tier 1 and Additional Tier 1 instruments and Tier 2 instruments issued by the institution;
(c) the full terms and conditions of all Common Equity Tier 1, Additional Tier 1 and Tier 2 instruments;
(d) a separate disclosure of the nature and amounts of the following:
(i) each prudential filter applied pursuant to Articles 32 to 35;
(ii) each deduction made items deducted pursuant to Articles 36, 56 and 66;
(iii) items not deducted in accordance with pursuant to Articles 47, 48, 56, 66 and 79;
(e) a description of all restrictions applied to the calculation of own funds in accordance with this Regulation and the instruments, prudential filters and deductions to which those restrictions apply;
(f) where institutions disclose a comprehensive explanation of the basis on which capital ratios are calculated where those capital ratios are calculated by using elements of own funds determined on a basis other than that the basis laid down in this Regulation, a comprehensive explanation of the basis on which those capital ratios are calculated.
2. EBA shall develop draft implementing technical standards to specify uniform templates for disclosure under points (a), (b), (d) and (e) of paragraph 1.
EBA shall submit those draft implementing technical standards to the Commission by 28 July 2013.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010. Regulation.