Featured Product

    PRA Consults on Treatment of Restricted Tier 1 Own Funds Instruments

    October 11, 2019

    PRA, in the consultation paper CP26/19, proposed to amend expectations on the treatment of restricted Tier 1 own funds (rT1) instruments in light of the recent information from the HMRC. PRA also proposed to amend the supervisory statement SS3/15 on the quality of capital instruments under Solvency II (Appendix). SS3/15 currently sets out the PRA expectation that insurers will deduct the maximum tax charge generated on write-down, when including externally issued rT1 instruments in their own funds. This consultation proposes to expand this expectation to reflect the maximum tax charge that could be generated on conversion of such items into ordinary shares. The consultation closes on January 13, 2020. The intended implementation date for the final policy following CP26/19 is the date of publication of the final policy.

    The proposals in CP26/19 are intended to maintain the existing regulatory policy of only recognizing rT1 items to the extent that they provide loss-absorbency on trigger and to prevent the amount of loss-absorbency provided by rT1 instruments that convert into ordinary shares on trigger from being overstated. PRA proposed to update SS3/15 to add an expectation that the

    • Insurers would deduct the maximum tax charge generated on conversion when they include in their own funds external rT1 capital instruments that convert to ordinary shares on trigger
    • Instrument has a conversion share offer (CSO) mechanism in its terms

    PRA proposed to introduce the expectations for all new issuances of rT1 instruments that convert on trigger and have conversion share offer features after the date of publication of the final policy. Where firms have already issued external rT1 instruments that convert to ordinary shares on trigger and have a conversion share offer mechanism, their supervisory team would discuss appropriate arrangements with each firm on a case-by-case basis. To reflect any changes to SS3/15 following this consultation, PRA would also update the reporting clarification published as Appendix 2 to the policy statement PS4/19 on adjusting for the reduction of loss-absorbency where own fund instruments are taxed on write-down. 

    CP26/19 is relevant to the UK insurance firms within the scope of Solvency II, the Society of Lloyd’s, and the firms that are part of a Solvency II group that will determine and classify capital instruments under the Solvency II own funds regime, together with their advisers. The proposals have been designed in context of the current UK and EU regulatory framework. PRA will keep the policy under review to assess whether any changes would be required due to changes in the UK regulatory framework, including those arising once any new arrangements with EU take effect. In the event that UK leaves EU with no implementation period in place, PRA has assessed that the proposals would not need to be amended under the EU (Withdrawal) Act 2018.

     

    Related Links

    Comment Due Date: January 13, 2020

    Effective Date: Publication Date of Final Policy (Proposed)

    Keywords: Europe, UK, Insurance, Solvency II, Own Funds, Loss Absorbency, PS4/19, SS 2/15, CP26/19, Restricted Tier 1, PRA

    Featured Experts
    Related Articles
    News

    EC Rule on Contractual Recognition of Write Down and Conversion Powers

    The European Commission (EC) published the Delegated Regulation 2021/1527 with regard to the regulatory technical standards for the contractual recognition of write down and conversion powers.

    September 17, 2021 WebPage Regulatory News
    News

    APRA Issues Further Guidance on Application of Securitization Standard

    The Australian Prudential Regulation Authority (APRA) published a new set of frequently asked questions (FAQs) to provide guidance to authorized deposit-taking institutions on the interpretation of APS 120, the prudential standard on securitization.

    September 16, 2021 WebPage Regulatory News
    News

    SRB Provides Update on Approach to Prior Permissions Regime

    The Single Resolution Board (SRB) published a Communication on the application of regulatory technical standard provisions on prior permission for reducing eligible liabilities instruments as of January 01, 2022.

    September 16, 2021 WebPage Regulatory News
    News

    APRA Publishes FAQs on Capital Treatment of Overseas Subsidiaries

    The Australian Prudential Regulation Authority (APRA) published a new set of frequently asked questions (FAQs) to clarify the regulatory capital treatment of investments in the overseas deposit-taking and insurance subsidiaries.

    September 15, 2021 WebPage Regulatory News
    News

    EBA Finalizes Guidance to Assess Breaches of Large Exposure Limits

    The European Banking Authority (EBA) published the final report on the guidelines specifying the criteria to assess the exceptional cases when institutions exceed the large exposure limits and the time and measures needed for institutions to return to compliance.

    September 15, 2021 WebPage Regulatory News
    News

    PRA Finalizes Changes to Consolidated Prudential Rules Under CRD5/CRR2

    The Prudential Regulation Authority (PRA) issued the policy statement PS20/21, which contains final rules for the application of existing consolidated prudential requirements to financial holding companies and mixed financial holding companies.

    September 15, 2021 WebPage Regulatory News
    News

    EBA Revises Guidelines on Stress Tests of Deposit Guarantee Schemes

    The European Banking Authority (EBA) revised the guidelines on stress tests to be conducted by the national deposit guarantee schemes under the Deposit Guarantee Schemes Directive (DGSD).

    September 15, 2021 WebPage Regulatory News
    News

    Nordea Bank and EIB Sign Agreement to Fund Green Projects in Nordics

    The European Commission (EC) announced that Nordea Bank has signed a guarantee agreement with the European Investment Bank (EIB) Group to support the sustainable transformation of businesses in the Nordics.

    September 15, 2021 WebPage Regulatory News
    News

    HKMA Endorses Industry Guidance to Support LIBOR Transition

    The Hong Kong Monetary Authority (HKMA) issued a circular, for all authorized institutions, to confirm its support of an information note that sets out various options available in the loan market for replacing USD LIBOR with the Secured Overnight Financing Rate (SOFR).

    September 14, 2021 WebPage Regulatory News
    News

    OCC Issues Booklet on Supervision of Problem Banks

    The Office of the Comptroller of the Currency (OCC) issued a new "Problem Bank Supervision" booklet of the Comptroller's Handbook. The booklet covers information on timely identification and rehabilitation of problem banks and their advanced supervision, enforcement, and resolution when conditions warrant.

    September 13, 2021 WebPage Regulatory News
    RESULTS 1 - 10 OF 7481