Related provisions for IPRU-INV 9.5.5

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Perpetual long-term subordinated loans and perpetual cumulative preference share capital may not be included in the calculation of own funds unless they meet the following requirements: (1) it may not be reimbursed on the holder's initiative or without the prior agreement of the FCA; (2) the instrument must provide for the firm to have the option of deferring the dividend payment on the share capital; (3) the shareholder's
A firm may include a subordinated loan in the calculation of its own funds only: (a) if it is drawn up in accordance with the standard forms obtained from the FCA; (b) if it is signed by authorised signatories of all the parties; and (c) to the extent that it is fully paid up.
2The conditions referred to in IPRU-INV 13.1A.19R are:(1) the subordinated loan must be fully paid up; (2) the subordinated loan must have an original maturity of at least five years or, where there is no fixed term, the subordinated loan must be subject to not less than five years' notice of repayment3;(3) the agreement governing the subordinated loan must only permit repayment3, prepayment or termination on:(a) maturity, or on expiration of the period of notice, if a firm has at