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Article 7a Multiple distributions constituting a disproportionate drag on own fundsF1

United Kingdom

Original text. Later amendments are not shown.

1.

Distributions on Common Equity Tier 1 instruments referred to in Article 28 of Regulation (EU) No 575/2013 shall be deemed not to constitute a disproportionate drag on capital where all of the following conditions are met:

(a)

the dividend multiple is a multiple of the distribution paid on the voting instruments and not a predetermined fixed amount;

(b)

the dividend multiple is set contractually or under the statutes of the institution;

(c)

the dividend multiple is not revisable;

(d)

the same dividend multiple applies to all instruments with a dividend multiple;

(e)

the amount of the distribution on one instrument with a dividend multiple does not represent more than 125 % of the amount of the distribution on one voting Common Equity Tier 1 instrument.

In formulaic form this shall be expressed as:

l ≤ 1,25 × k

where:

  • k shall represent the amount of the distribution on one instrument without a dividend multiple;

  • l shall represent the amount of the distribution on one instrument with a dividend multiple;

(f)

the total amount of the distributions paid on all Common Equity Tier 1 instruments during a one year period does not exceed 105 % of the amount that would have been paid if instruments with fewer or no voting rights received the same distributions as voting instruments.

In formulaic form this shall be expressed as:

kX + lY ≤ 1,05 × k × X + Y

where:

  • k shall represent the amount of the distribution on one instrument without a dividend multiple;

  • l shall represent the amount of the distribution on one instrument with a dividend multiple;

  • X shall represent the number of voting instruments;

  • Y shall represent the number of non-voting instruments.

The formula shall be applied on a one-year basis.

2.

Where the condition of point (f) of paragraph 1 is not met, only the amount of the instruments with a dividend multiple that exceeds the threshold defined therein shall be deemed to cause a disproportionate drag on capital.

3.

Where any of the conditions of points (a) to (e) of paragraph 1 are not met, all outstanding instruments with a dividend multiple shall be deemed to cause a disproportionate drag on capital.

Annotations

Textual amendments

F1

Inserted by Commission Delegated Regulation (EU) 2015/850 of 30 January 2015 amending Delegated Regulation (EU) No 241/2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for Own Funds requirements for institutions (Text with EEA relevance).