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Provision history · CRR

Art. 82 · Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds

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 +128 −38

Amended by Regulation (EU) 2021/424 32021R0424 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

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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 and the amending act's instructions do not mention it. Only the text comparison found it. All are shown; none is overruled.

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

The introductory paragraph no longer includes the related retained earnings among the items that qualifying Additional Tier 1, Tier 1, and Tier 2 capital comprise, listing only the related share premium accounts alongside the minority interest and instruments.

Point (c) now refers specifically to the Common Equity Tier 1 items, Additional Tier 1 items and Tier 2 items referred to in the introductory part of the paragraph as being owned by persons other than the undertakings included in the consolidation, rather than referring simply to "those instruments."

Cited: Art. 82, v1 (external, EUR-Lex) · Art. 82, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 28 June 2021 02013R0575-20210629 → this version, in force 30 September 2021 02013R0575-20210930

Article 82 Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds shall comprise the minority interest, Additional Tier 1 or Tier 2 instruments, as applicable, plus the related retained earnings and share premium accounts, of a subsidiary where the following conditions are met: (a) the subsidiary is one of the following: (i) an institution; (ii) an undertaking that is subject by virtue of applicable national law to the requirements of this Regulation and of Directive 2013/36/EU; (iii) an intermediate financial holding company or intermediate mixed financial holding company that is subject to the requirements of this Regulation on a sub‐consolidated basis, or an intermediate investment holding company that is subject to the requirements of Regulation (EU) 2019/2033 on a consolidated basis; (iv) an investment firm; (v) an intermediate financial holding company in a third country, provided that that intermediate financial holding company is subject to prudential requirements as stringent as those applied to credit institutions of that third country and provided that the Commission has adopted a decision in accordance with Article 107(4) determining that those prudential requirements are at least equivalent to those of this Regulation; (b) the subsidiary is included fully in the scope of consolidation pursuant to Chapter 2 of Title II of Part One; (c) those instruments the Common Equity Tier 1 items, Additional Tier 1 items and Tier 2 items referred to in the introductory part of this paragraph, are owned by persons other than the undertakings included in the consolidation pursuant to Chapter 2 of Title II of Part One.

Version in force , Modified

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 introductory phrase for point (a) changed from describing the subsidiary as 'either of the following' to 'one of the following', reflecting that the list now contains more than two items.

Point (a)(iii) was reworded to refer to an intermediate financial holding company or intermediate mixed financial holding company subject to this Regulation's requirements on a sub-consolidated basis, or an intermediate investment holding company subject to Regulation (EU) 2019/2033 on a consolidated basis, whereas the prior text at that position addressed only an intermediate financial holding company in a third country subject to stringent prudential requirements with an equivalence decision under Article 107(4).

A new point (a)(iv) naming an investment firm was added, and the former third-country intermediate financial holding company wording, with its equivalence-decision language, now appears as point (a)(v).

Cited: Art. 82, v1 (external, EUR-Lex) · Art. 82, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

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

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

Point (a)(ii) now refers to "the applicable national law" instead of "applicable national law".

A new point (a)(iii) has been added, covering an intermediate financial holding company in a third country that is subject to prudential requirements as stringent as those applied to credit institutions of that third country, where the Commission has decided under Article 107(4) that those requirements are at least equivalent to those of this Regulation.

Cited: Art. 82, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

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