Related provisions for IFPRU 11.1.5
1 - 10 of 10 items.
(1) This section applies where an RRD group member gives, or proposes to give, intra-group financial support using an RRD group financial support agreement.(2) It does not apply to other sorts of intra-group financial arrangements, including funding arrangements and the operation of centralised funding arrangements.(3) It does not apply to financial support arrangements where none of the parties to the arrangement has infringed, or is likely to infringe, an RRD early intervention
(1) RRD recognises a specific form of intra-group financial support. This allows an RRD group member in one EEA State or a third country2 to give financial support to an RRD institution in its group in another EEA State or third country2, when that institution has infringed or is likely to infringe an RRD early intervention condition.(2) To give this specific form of financial support an RRD group member must use an RRD group financial support agreement and satisfy the applicable
An RRD group financial support agreement may:(1) cover one or more subsidiaries of the group; and (2) allow for financial support: (a) from the parent undertaking to subsidiaries;(b) from subsidiaries to the parent undertaking;(c) between subsidiaries of the group that are party to the agreement; or(d) between any combination of those group members.[Note: article 19(5)(a) of RRD]
An RRD group financial support agreement may allow for financial support: (1) in the form of:(a) a loan;(b) a guarantee;(c) the use of assets as collateral; or(d) any combination of those forms; and(2) in one or more transactions, including between the beneficiary of the support and a third party.[Note: article 19(5)(b) of RRD]
(1) The following must apply to their consolidating supervisor for approval of any proposed RRD group financial support agreement or of any amendment to that agreement:(a) a firm that is the EEA parent undertaking of an RRD group;(b) a qualifying parent undertaking that is the EEA parent undertaking of an RRD group; and(c) an IFPRU 730k firm that is a subsidiary of an EEA parent undertaking of an RRD group: (i) where the EEA parent undertaking is an EEA parent financial holding
The FCA will not approve an RRD group financial support agreement unless:(1) in its opinion, none of the parties has infringed an RRD early intervention condition or is likely to infringe one of those conditions in the near future;(2) the agreement complies with the conditions for entering into an RRD group financial support agreement in IFPRU 11.5.9 R to IFPRU 11.5.12 R; and(3) the terms of the proposed agreement are consistent with the conditions for giving financial support
The parties to an RRD group financial support agreement must include:(1) one or more of the following: (a) a parent institution in a Member State;(b) an EEA parent institution;(c) a financial holding company;(d) a mixed financial holding company; (e) a mixed activity holding company; and(2) one or more subsidiaries of the group member in (1) which is an RRD institution or a financial institution.
Before entering into an RRD group financial support agreement, a firm or qualifying parent undertaking must ensure that:(1) the RRD group financial support agreement includes principles for the calculation of the consideration for any support made under it; (2) these principles include a requirement that the consideration is set when the financial support is given;(3) each party acts freely and in its own best interests in entering into the RRD group financial support agreement; (4)
When entering into the proposed RRD group financial support agreement, a firm or qualifying parent undertaking must ensure that none of the parties:(1) has infringed an RRD early intervention condition; or(2) is likely to infringe one of those conditions in the near future.[Note: article 19(8) of RRD]
(1) The principles for calculating the consideration for financial support do not need to take account of any anticipated temporary impact on market prices arising from events external to the group.(2) The consideration for financial support may take account of information that the party giving the support has, based on: (a) the party giving support being in the same group as the party receiving the support; and(b) the information not being available to the market.[Note: article
A firm or qualifying parent undertaking must not give financial support using an RRD group financial support agreement unless it is satisfied that:(1) there is a reasonable prospect that giving the support will significantly redress the financial difficulties of the group member receiving the support;(2) the support has the objective of preserving or restoring the financial stability of:(a) the group as a whole; or(b) any members of the group;(3) the support is in the interests
A firm or qualifying parent undertaking intending to give financial support must ensure that:(1) its management body takes the decision to give group financial support using an RRD group financial support agreement; and (2) it is a reasoned decision that sets out:(a) the objective of the proposed support; and(b) how the support complies with the conditions for giving group financial support using an RRD group financial support agreement in IFPRU 11.5.14 R.
1A firm or qualifying parent undertaking proposing to give financial support using an RRD group financial support agreement should also refer to articles 33 to 36 of Commission Delegated Regulation (EU) 2016/1075 of 23 March 2016 supplementing RRD:http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R1075&from=EN.
A firm or a qualifying parent undertaking intending to give financial support using an RRD group financial support agreement must ensure that its management body notifies: (1) its competent authority;(2) where different, its consolidating supervisor; (3) where different, the competent authority of the group member receiving the financial support; and(4) the EBA.
A firm or a qualifying parent undertaking must: (1) send a notice of an intention to give financial support before the financial support is given; and(2) include in the notice:(a) the reasoned decision referred to in IFPRU 11.5.16 R of the management body of the group member intending to give the support; and(b) details of the proposed financial support including a copy of the RRD group financial support agreement.[Note: article 25(1) of RRD]
An RRD group member may only give financial support using an RRD group financial support agreement if the FCA has:(1) agreed to the giving of the support with restrictions; or(2) agreed to the giving of the support without restrictions; or(3) not prohibited the support within five business days of receiving a notice of intention to give financial support.[Note: article 25(2) and (5) of RRD]
1A firm or qualifying parent undertaking1must ensure it sends the decision of its management body to give financial support to:(1) its competent authority;(2) where different, its consolidating supervisor; (3) where different, the competent authority of the group member receiving the support; and(4) the EBA.[Note: article 25(6) of RRD]
A firm or qualifying parent undertaking must: (1) make public:(a) whether or not they have entered into an RRD group financial support agreement; (b) a description of the general terms of any RRD group financial support agreement; and(c) the names of the group members that are a party to the RRD group financial support agreement; and (2) update the information in (1) at least annually.[Note: article 26 of RRD]
This section applies to:(1) a firm that is the EEA parent undertaking of an RRD group; (2) a qualifying parent undertaking that is the EEA parent undertaking of an RRD group; and(3) an IFPRU 730k firm that is the subsidiary of the EEA parent undertaking of an RRD group where: (a) the EEA parent undertaking is an EEA parent financial holding company or an EEA parent mixed financial holding company that is incorporated in, or formed under, the law of an EEA state other than the
The group recovery plan must:(1) aim to stabilise the RRD group as a whole and each RRD institution in the group, when the group, or any RRD institution in the group, is under financial stress;(2) aim to address or remove the causes of the financial stress and restore the financial position of the group or the RRD institution in question; and(3) at the same time consider the financial position of other group members.[Note: article 7(4) of RRD]
The group recovery plan must include the information in IFPRU 11 Annex 1R (Recovery plans for significant IFPRU firms and group recovery plans for groups that include significant IFPRU firms) if the RRD group:(1) includes an IFPRU 730k firm that is a significant IFPRU firm; or(2) does not include an IFPRU 730k firm.[Note: articles 5(5) and 7(5) of RRD]
If the RRD group includes an IFPRU 730k firm that is not a significant IFPRU firm (and does not include an IFPRU 730k firm that is a significant IFPRU firm) the group recovery plan must include:(1) a summary of the key elements of the group recovery plan;(2) information on the governance of the group, including: (a) how the group recovery plan is integrated into the corporate governance of the group; and (b) the group's overall risk management framework;(3) a description of the
A firm or qualifying parent undertaking should include additional information from IFPRU 11 Annex 1R (Recovery plans for significant IFPRU firms and group recovery plans for groups that include significant IFPRU firms) in its group recovery plan where this information is material to the business of the group.[Note: article 5(5) of RRD]
1The FCA may require a firm or qualifying parent undertaking to include the additional information referred to in IFPRU 11.3.10G in its group recovery plan by using its power under:(1) section 55L of the Act to require a firm; or (2) section 192C of the Act to direct a qualifying parent undertaking.[Note: article 4(3) of RRD]
(1) When identifying recovery options, a firm or qualifying parent undertaking should consider a range of scenarios of severe macroeconomic and financial stress relevant to the group's specific conditions.(2) The range of scenarios should include system-wide events and stress specific to individual legal persons and groups.(3) For each of the scenarios in (1), a group recovery plan should identify whether there are:(a) obstacles to implementing recovery measures within the group,
If the group recovery plan includes the use of central bank facilities, the firm or qualifying parent undertaking must: (1) include an analysis of how and when members of the group may apply for the use of central bank facilities; and(2) identify those assets which would be expected to qualify as collateral.[Note: articles 5(4) and 7(5) of RRD]
(1) A firm that is an EEA parent undertaking or a qualifying parent undertaking must ensure that its management body assesses and approves the group recovery plan before sending it to its consolidating supervisor.(2) An IFPRU 730k firm that is not an EEA parent undertaking must ensure the management body of its EEA parent undertaking assesses and approves the group recovery plan before the IFPRU 730k firm sends it to its consolidating supervisor.[Note: article 7(7) of RRD]
A firm or qualifying parent undertaking must demonstrate to its consolidating supervisor that:(1) carrying out its group recovery plan is reasonably likely to maintain or restore the viability and financial position of RRD institutions in the group, taking into account the preparatory measures that the group has taken, or plans to take; and(2) its group recovery plan: (a) is reasonably likely to be carried out quickly and effectively in situations of financial stress; and(b) avoids,
(1) A firm or qualifying parent undertaking must update the group recovery plan at least:(a) annually, if the group: (i) includes an IFPRU 730k firm that is a significant IFPRU firm; or(ii) does not include an IFPRU 730k firm; or(b) once every two years, if the group includes an IFPRU 730k firm that is not a significant IFPRU firm.(2) A firm or qualifying parent undertaking must also update its group recovery plan after a change to any of the following which could materially affect
(1) A firm or qualifying parent undertaking must send the group recovery plan to its EEAconsolidating supervisor.(2) Where the consolidating supervisor is the FCA, a firm or qualifying parent undertaking must send the group recovery plan in line with SUP 16.20 (Recovery plans and information for resolution plans).[Note: articles 6(1) and 7(1) of RRD]
If a firm is not a significant IFPRU firm its recovery plan must include:(1) a summary of the key elements of the recovery plan;(2) information on the governance of the firm, including: (a) how the recovery plan is integrated into the corporate governance of the firm; and (b) the firm's overall risk management framework;(3) a description of the legal and financial structures of the firm, including:(a) the core business lines; and(b) critical functions;(4) recovery options, including:(a)
(1) When identifying recovery options, a firm should consider a range of scenarios of severe macroeconomic and financial stress relevant to the firm's specific conditions. (2) The range of scenarios should include system-wide events and stress specific to individual legal persons and groups.[Note: article 5(6) of RRD]
A firm must demonstrate to the FCA that:(1) carrying out its recovery plan is reasonably likely to maintain or restore the viability and financial position of the firm, taking into account the preparatory measures that the firm has taken, or plans to take; and(2) its recovery plan: (a) is reasonably likely to be carried out quickly and effectively in situations of financial stress; and(b) avoids, to the maximum extent possible, any significant adverse effect on the financial system,
(1) A significant IFPRU firm must update its recovery plan at least annually.(2) A firm that is not a significant IFPRU firm must update its recovery plan at least once every two years.(3) A firm must also update its recovery plan after a change to any of the following which could materially affect its recovery plan:(a) its legal or organisational structure; (b) its business; or(c) its financial situation.[Note: articles 4(1)(b) and 5(2) RRD]
IFPRU 11 applies to:(1) an IFPRU 730k firm that is not subject to supervision on a consolidated basis; (2) a firm that is an RRD group member; (3) a qualifying parent undertaking that is an RRD group member; and(4) a qualifying parent undertaking that is a mixed activity holding company of an IFPRU 730k firm.
This chapter does not apply to: (1) a PRA authorised person; (2) an RRD group member that is: (a) a qualifying parent undertaking of a PRAauthorised person; and(b) subject to supervision on a consolidated basis by the PRA; and(3) a qualifying parent undertaking that is a mixed activity holding company of a PRA authorised person.
(1) RRD applies to credit institutions and to investments firms with an initial capital requirement of €730,000. Together, these are referred to as RRD institutions in our rules.(2) It also applies to financial institutions, financial holding companies and mixed financial holding companies within the same group as these institutions that are subsidiaries of an EEA parent undertaking. An EEA parent undertaking is an institution, a financial holding company or a mixed financial
The table below summarises whether a section of IFPRU 11 applies to a firm or qualifying parent undertaking:
(1) IFPRU 730k firm that is not subject to supervision on a consolidated basis |
(2) firm or qualifying parent undertaking that is the EEA parent undertaking of an RRD group |
(3) specific application to an IFPRU 730k firm that is a subsidiary of an EEA parent undertaking in another EEA State (note 1) |
(4) firm or qualifying parent undertaking that is a subsidiary of an EEA parent undertaking of an RRD group |
(5) qualifying parent undertaking that is a mixed activity holding company of an IFPRU 730k firm |
|
IFPRU 11.1 (Application and purpose) |
Yes |
Yes |
No |
Yes |
Yes |
IFPRU 11.2 (Individual recovery plans) |
Yes |
No |
No |
No |
No |
IFPRU 11.3 (Group recovery plans) |
No |
Yes |
Yes |
No |
No |
IFPRU 11.4 (Information for resolution plans) |
Yes |
Yes |
Yes |
No |
No |
IFPRU 11.5 (Intra-group financial support) |
No |
Yes |
Yes - IFPRU 11.5.7 R only |
Yes |
Yes (note 2) |
IFPRU 11.6 (Contractual recognition of bail-in) |
Yes |
Yes |
No |
Yes |
Yes (note 3) |
IFPRU 11.7 (Notifications) |
Yes |
Yes |
No |
Yes |
Yes |
Note 1: IFPRU 11.3.1R (3) and IFPRU 11.4.1R (4) more fully describe this type of firm. Where specific application is not provided for this type of firm, the application is explained by (4). |
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Note 2: IFPRU 11.5 only applies to mixed activity holding companies of an IFPRU 730k firm in an RRD group. |
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Note 3: IFPRU 11.6 only applies to mixed activity holding companies that do not hold an RRD institution using an intermediate financial holding company or mixed financial holding company. |
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This section applies to:(1) an IFPRU 730k firm that is not subject to supervision on a consolidated basis; (2) a firm that is an RRD group member; (3) a qualifying parent undertaking that is an RRD group member; and(4) a qualifying parent undertaking that is: (a) a mixed activity holding company of an IFPRU 730k firm; and(b) does not hold an RRD institution using an intermediate financial holding company or mixed financial holding company.
(1) If a liability meets the conditions in (2), a firm or qualifying parent undertaking must include a term in the contract governing the liability which states that the creditor or party to the agreement creating the liability:(a) recognises that the liability may be subject to write-down and conversion powers; and(b) agrees to be bound by any of the following actions of a resolution authority in relation to that liability: (i) reduction of principal or outstanding amount due;
2A firm or qualifying parent undertaking proposing to provide contractual recognition of bail-in should also refer to articles 42 to 44 of Commission Delegated Regulation (EU) 2016/1075 of 23 March 2016 supplementing RRD:http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R1075&from=EN.
This section applies to: (1) an IFPRU 730k firm that is not subject to supervision on a consolidated basis; (2) a firm that is an RRD group member; (3) a qualifying parent undertaking that is an RRD group member; and(4) a qualifying parent undertaking that is a mixed activity holding company of an IFPRU 730k firm.
A firm must also notify the FCA immediately if its management body considers that: (1) the firm is failing to satisfy any of the threshold conditions, including due to the firm having incurred, or being likely to incur, losses that will deplete all, or a significant amount of, its own funds; or(2) there are objective elements to support a determination that the firm will fail to satisfy any of the threshold conditions in the near future.[Note: article 81(1) of RRD]
This section applies to: (1) an IFPRU 730k firm that is not subject to supervision on a consolidated basis;(2) a firm that is the EEA parent undertaking of an RRD group;(3) a qualifying parent undertaking that is the EEA parent undertaking of an RRD group; and(4) an IFPRU 730k firm that is the subsidiary of the EEA parent undertaking of an RRD group: (a) where the EEA parent undertaking is an EEA parent financial holding company or an EEA parent mixed financial holding company
A firm or qualifying parent undertaking must notify the FCA without delay of a change to any of the following which could have materially affect the information in IFPRU 11 Annex 2R (Resolution plan information):(1) its legal or organisational structure; (2) its business; or(3) its financial situation.[Note: article 10(6) second paragraph of RRD]
A firm or qualifying parent undertaking must send its recovery plan or group recovery plan to the FCA within three months of the reporting reference dates specified in the table below:
Type of firm or qualifying parent undertaking |
Type of plan |
Total balance sheet assets (see SUP 16.20.3 G) |
First reporting reference date |
Ongoing reporting reference date |
firm or qualifying parent undertaking in an RRD group that includes an IFPRU 730k firm that is a significant IFPRU firm or does not include an IFPRU 730k firm |
More than £2.5 billion |
30 June 2015 |
Every year on the same date as the first reporting reference date. |
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More than £1 billion and less than £2.5 billion |
30 September 2015 |
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More than £500 million and less than £1 billion |
31 December 2015 |
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Less than £500 million |
31 March 2016 |
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More than £2.5 billion |
30 June 2015 |
Every year on the same date as the first reporting reference date. |
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More than £1 billion and less than £2.5 billion |
30 September 2015 |
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More than £500 million and less than £1 billion |
31 December 2015 |
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Less than £500 million |
31 March 2016 |
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firm or qualifying parent undertaking in an RRD group that includes an IFPRU 730k firm that is not a significant IFPRU firm4 (but does not include an IFPRU 730k firm that is a significant IFPRU firm4) |
More than £50 million and less than £500 million |
30 September 2015 |
Every two years on the same date as the first reporting reference date. |
|
More than £15 million and less than £50 million |
31 December 2015 |
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More than £5 million and less than £15 million |
31 March 2016 |
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Less than £5 million |
30 June 2016 |
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More than £50 million and less than £500 million |
30 September 2015 |
Every two years on the same date as the first reporting reference date. |
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More than £15 million and less than £50 million |
31 December 2015 |
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More than £5 million and less than £15 million |
31 March 2016 |
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Less than £5 million |
30 June 2016 |
[Note: articles 4(1)(b) and 6(1) of RRD]
(1) The calculation of total balance sheet assets for SUP 16.20.2 R should be consistent with the way this figure is calculated for determining whether a firm is a significant IFPRU firm.(2) For group recovery plans, the calculation of total balance sheet assets should be based on the assets of the largest RRD institution in the group.
A firm or qualifying parent undertaking must send the information required for a resolution plan to the FCA within three months of the reporting reference dates specified in the table below:
Type of firm or qualifying parent undertaking |
First reporting reference date |
Ongoing reporting reference date |
firm or qualifying parent undertaking in an RRD group that includes an IFPRU 730k firm that is a significant IFPRU firm or does not include an IFPRU 730k firm |
30 June 2015 |
Every two years on the same date as the first reporting reference date. |
30 June 2015 |
Every two years on the same date as the first reporting reference date. |
|
firm or qualifying parent undertaking in an RRD group that includes an IFPRU 730k firm that is not a significant IFPRU firm (but does not include an IFPRU 730k firm that is a significant IFPRU firm) |
31 December 2015 |
Every three years on the same date as the first reporting reference date. |
31 December 2015 |
Every three years on the same date as the first reporting reference date. |
Where an RRD institution is authorised or an RRD group is created after the first reporting reference date that would have applied to that firm or qualifying parent undertaking in line with SUP 16.20.2 R and SUP 16.20.4 R, the firm or qualifying parent undertaking must: (1) send its first recovery plan or group recovery plan and resolution plan information within three months of the first quarter end date which falls after six months of the date of the authorisation of the RRD
The purpose of the CASS resolution pack is to ensure that a firm maintains and is able to retrieve information that would:6(1) in the event of its insolvency, assist an insolvency practitioner in achieving a timely return of client money and safe custody assets held by the firm to that firm’sclients; and6(2) in the event of its or another firm’s resolution, assist the Bank of England in its capacity as resolution authority under the RRD; and6(3) in either case, assist the FCA
5Points (a), (b) and (c) of the first subparagraph of Article 1(5) of the Prospectus Regulation and the second subparagraph of Article 1(5) of the Prospectus Regulation provide that:Article 1
Subject matter, scope and exemptions
…
5. The obligation to publish a prospectus set out in Article 3(3) shall not apply to the admission to trading on a regulated market of any of the following:
(a) securities fungible with securities already admitted to trading on the same regulated market,