HKMA Issues FAQs on Sale and Distribution of Loss-Absorption Products

The types of debt instruments that fall within the scope of the October 2018 circular include the following:

• Debt instruments that meet the qualifying criteria to be Additional Tier 1 Capital or Tier 2 Capital under the Banking (Capital) Rules. The same principle applies to debt instruments issued under an equivalent regime of non-Hong Kong jurisdictions (collectively called AT1/T2 debt instruments)
• External loss-absorbing capacity (LAC) debt instruments under the Financial Institutions (Resolution) (Loss-absorbing Capacity Requirements – Banking Sector) Rules and debt instruments issued under a regime of non-Hong Kong jurisdictions, which implements the FSB standards for "total loss-absorbing capacity term sheet.”

Having considered that more time may be needed to further consider the matters clarified in the set of FAQs, HKMA is extending the deadline for:

• Loss-absorption products (except for in-scope collective investment scheme) to September 06, 2019
• In-scope collective investment scheme to December 31, 2019

Keywords: Asia Pacific, Hong Kong, Banking, Securities, Loss-Absorption Products, FAQ, Tier 1 Capital, Tier 2 Capital, TLAC, Resolution, Banking Capital Rules, HKMA