• Qualifying AT1 and T2 Capital issued by a Special Purpose Entity

    • PRU 3.16.5 PRU 3.16.5

      AT1 and T2 Capital instruments issued by an SPE, and the related retained earnings and Share premium accounts, are included in qualifying AT1 or T2 Capital or qualifying Capital Resources, as applicable, only where the following conditions are met:

      (a) the SPE issuing those instruments is included fully in the Financial Group to which the Authorised Person belongs;
      (b) the instruments, and the related retained earnings and Share premium accounts, are included in qualifying AT1 Capital only where the conditions laid down in Rule 3.14.3(1) are satisfied;
      (c) the instruments, and the related retained earnings and Share premium accounts, are included in qualifying T2 Capital only where the conditions laid down in Rule 3.15.3(1) are satisfied; and
      (d) the only asset of the SPE is its investment in the Capital Resources of any of its Parents or their Subsidiaries, which are included fully in the Financial Group to which the Authorised Person belongs, the form of which satisfies the relevant conditions laid down in Rule 3.14.3(1) or Rule 3.15.3(1), as applicable.

      • Guidance

        If the Regulator considers the assets of a Special Purpose Entity to be minimal and insignificant for such an entity, the Regulator may consider waiving the condition specified in Rule 3.16.5(d).