CRED 8.2 Components of capital

1. (1)

   The following are included in the meaning of 'capital' for the purposes of this chapter:

   1. (a)

      audited reserves;

   2. (b)

      interim net profits;

   3. (c)

      subordinated debt meeting the requirements set out at CRED 8.2.1 R (4);

   4. (d)

      initial capital.

2. (2)

   Audited reserves are audited accumulated profits or losses, or both, retained by a credit union after payment of tax and dividends. Reserves also include other realised gains and gifts of capital - for example from a sponsoring organisation.

3. (3)

   Interim net profits are interim profits net of tax and anticipated dividends.

4. (4)

   To be included in the calculation of capital, subordinated debt must meet the following conditions:

   1. (a)

      the maturity of the loan must be more than five years from the date on which the loan is made;1

   2. (b)

      the subordination provisions provide that the claims of the subordinated creditors rank behind those of all unsubordinated creditors including the credit union's shareholders;

   3. (c)

      to the fullest extent possible creditors waive their rights to set off amounts they owe the credit union against subordinated amounts owed to them by the credit union;

   4. (d)

      the only events of default are non-payment of any interest or principal under the debt agreement or the winding-up of the credit union;

   5. (e)

      the remedies available to the subordinated creditor in the event of default in respect of the subordinated debt are limited to petitioning for the winding up of the credit union or proving for and claiming in the liquidation of the credit union;

   6. (f)

      the subordinated debt must not become due and payable before its stated final maturity date except on an event of default complying with (d);

   7. (g)

      the terms of the subordinated debt must be set out in a written agreement or instrument that contains terms that provide for the above conditions;

   8. (h)

      the debt must be unsecured and fully paid up.

5. (5)

   Initial capital is a credit union's capital at the time it is given Part IV permission to accept deposits, but this does not apply in cases where the credit union is treated as having such a permission on credit unions day. Initial capital consists of a credit union's assets less its liabilities other than the liabilities set out in CRED 8.2.1 R(a)-(c).

Negative reserves and any interim net losses must be deducted from capital.

The amount of any subordinated loan counting towards a credit union's regulatory capital must, over its final four years to maturity, be written down by 20% of the amount of the loan per year. (See Table 8.2.4R.)

1. (1)

   1When a credit union makes a subordinated loan to another credit union qualifying as capital under CRED 8.2.1 R(4)(a), the full amount of the loan (not the amount counting towards the borrower's capital under CRED 8.2.4 R) must be deducted from the lender's capital.

2. (2)

   A subordinated loan within CRED 8.2.1 R(4)(a) is not an investment under CRED 7.2.1 R.